Can You Be Arrested if You Flash Your Headlights in Arizona?
I was driving down one of our dark Arizona roads one night. You know the type. It's so dark there aren't even overhead street lamps to light your way.
I was the only car on the road, and it was so dark, I had my high beams on. I forgot to turn them off as an oncoming car approached. Usually, the oncoming vehicle flashes its high beams to remind you to turn them off, but this car didn't do that. As I passed, the car made a U-turn in the middle of the road and the driver flipped on his blue and red flashing patrol car lights.
My heart leaped into my throat, as I pulled over. As the officer approached, I realized my mistake. Luckily, he let me off with a warning to pay better attention, especially on the dark Arizona roads, and to remember to use my regular headlamps when oncoming traffic approaches.
Can You Get a Ticket for Driving with Your High Beams On in Arizona?
The police officer didn't give me a ticket that night, but I've often wondered if he was legally allowed to do so. And what about those times we flash our high beams at oncoming drivers as a warning? Is that legal?
I've found myself flashing my headlamps at oncoming drivers as a warning when there's something in the road, like an animal or a mattress. But I've also seen drivers flash their high beams briefly to warn about an upcoming speed trap.
Free Speech or Obstruction, That is the Question
According to an article on mtsu.edu, "the practice of flashing headlights to alert other drivers to an upcoming patrol car has been claimed as a form of expression protected under the free speech clause of the First Amendment."
The good news is, the courts have upheld the practice of alerting other drivers of a hazard or the presence of a speed trap as protected free speech. While it's not illegal to flash your headlights as a warning in Arizona, drivers should still take a beat before they begin flashing their lights, because you could still get a ticket.
So while it's not illegal to flash your headlights at other drivers as a warning in Arizona, MotorBiscuit.com warns you could be found guilty of obstructing an investigation or of having flashing lights on your vehicle. You probably won't be arrested, but you could be cited.
So, what about briefly flashing your high beams to remind an oncoming driver to lower their lights? In Arizona, it's legal to flash your high beams at oncoming drivers to signal them to lower their headlights, but only briefly and only when necessary.
As always, it's a good idea to read the room when you decide to flash your high beams at other drivers.