First... While driving down the street you observe a vehicle driving without his or her headlights on What do you do?

Second.... prior to... your pull off a side street crossing a lane of traffic and continuing on an as you cross a median area to go forward you look and see noone coming, so you proceed, then you realize that a car without headlights is seconds from colliding with you, though you become defensive and evasive and you avoid collision, what do you do?


I would like to see answers from everyone possible prior to me going further with this thread.

Most people would try to be courteious and flash their lights to alert the other driver. What most people don't realize however, is that technically, this is a violation under FS 316.155(4) and can result in a ticket. However, most officers wouldn't cite for the infraction under this circumstance - they want drivers to have their lights on as this is obviously safer for everyone. More than likely, if an officer witnessed such activity, they'd ignore the "flasher" and take the opportunity to pull over the headlight-less driver. BUT they most certainly WOULD cite if they believed that the signal was intended to warn drivers of law enforcement ahead, and could even add the additional charge of "obstruction of a law enforcement officer without violence". In my city, officers actually do stings where one officer is very visible with a radar gun, and another officer sits a block or so away writing tickets (and even misdemeanor notices to appear if drivers become hostile or aggressive) to those drivers trying to warn of the officer's presence. Such activities are often fruitfull for LE's on multiple levels (everything from making people think twice, to lots of opportunities to stop and question drivers leading to arrests for various things like DUI, warrants, etc.).


Unless I'm in a marked police vehicle and wearing a kevlar vest, I'd take advantage of my cell phone - and would advise other drivers to do the same. Getting your two cents worth in to someone who almost hit you turns sour more often than people realize - simply dial 911, report the reckless driver, give all of your information in case it's needed for a later report or testimony, breathe a sigh of relief that your reflexes and driving skill saved you, and let law enforcement do their job.

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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

I agree with aardvarc.