By . Daily Mail Reporter . PUBLISHED: . 11:39 EST, 6 February 2014 . | . UPDATED: . 11:42 EST, 6 February 2014 . A judge has ruled that drivers can legally flash their headlights to warn other drivers about upcoming speed traps because he views it as a form of free speech. In the past, some drivers who did so were pulled over themselves by angry police officers and issued tickets as a penalty for warning the other drivers about hidden police cars. The case that sparked the ruling comes out of St Louis, Missouri where the American Civil Liberties Union filed a lawsuit on behalf of Michael Elli, who flashed his headlights to warn oncoming vehicles of a radar trap was set up by Ellisville police on November 17, 2012. Warning signs: Drivers on one side of a highway can often see hidden police cars or radar set ups that will inevitably target drivers on the other side of the highway, and sometimes they flash their headlights as a warning . An officer saw the flash and pulled Elli over, citing him for a city ordinance violation, though a similar statute exists in Missouri law. Elli was told he would likely face a fine of up to $1,000 if convicted. The case was eventually dropped and Ellisville City Attorney George Restovich said the city changed the policy and no longer pulls over people for flashing headlights. Now U.S. District Judge Henry E. Autrey has made that a more-permanent measure, issuing a preliminary injunction on Monday prohibiting Ellisville police from continuing the practice. 'The reality is that the injunction doesn't change the way the city has been operating for the past 12 months,' Restovich said. Still, Ellisville continued to fight the suit. At a hearing last year, Ellisville officials made the case that flashing headlights could interfere with a police investigation. Ellisville's city attorney has now said there are no plans to appeal the injunction. Judge Autrey said in his ruling that the flashing of headlights was essentially a good thing, sending 'a message to bring one's driving in conformity with the law â€” whether it be by slowing down, turning on one's own headlamps at dusk or in the rain, or proceeding with caution.' Changing tactics: Now drivers who 'warn' others cannot be penalized . Jonathan Turley, a criminal attorney and a professor at George Washington University Law School, said courts across the country are dealing with the same issue. In virtually every case except those still being decided, the person cited has prevailed, Turley said. 'This has sweeping implications for the First Amendment,' Turley said. 'What this citizen is doing is warning other citizens about the violation of law. People regularly warn others about the possibility of arrest. There's no difference between a verbal warning and a mechanical warning. Both are forms of speech.' Jeffrey A. Mittman, executive director of the ACLU of Missouri, said that since filing the suit, his office has heard from many other drivers across Missouri complaining about similar police practices. 'It is important that law enforcement officers in other jurisdictions take note of this federal court decision and the ACLU-MO's commitment to free speech,' Mittman said in a statement.
Missouri police gave a citation to a man who flashed his headlights to warn oncoming cars of a hidden speeding radar set up .
He then sued to have the ruling overturned .
Judge agreed with him, said that it was an example of him using his First Amendment rights and helping warn others to keep their speed down .
By . Daily Mail Reporter . PUBLISHED: . 11:39 EST, 6 February 2014 . | . UPDATED: . 11:42 EST, 6 February 2014 . A judge has ruled that drivers can legally flash their headlights to warn other drivers about upcoming speed traps because he views it as a form of free speech. In the past, some drivers who did so were pulled over themselves by angry police officers and issued tickets as a penalty for warning the other drivers about hidden police cars. The case that sparked the ruling comes out of St Louis, Missouri where the American Civil Liberties Union filed a lawsuit on behalf of Michael Elli, who flashed his headlights to warn oncoming vehicles of a radar trap was set up by Ellisville police on November 17, 2012. Warning signs: Drivers on one side of a highway can often see hidden police cars or radar set ups that will inevitably target drivers on the other side of the highway, and sometimes they flash their headlights as a warning . An officer saw the flash and pulled Elli over, citing him for a city ordinance violation, though a similar statute exists in Missouri law. Elli was told he would likely face a fine of up to $1,000 if convicted. The case was eventually dropped and Ellisville City Attorney George Restovich said the city changed the policy and no longer pulls over people for flashing headlights. Now U.S. District Judge Henry E. Autrey has made that a more-permanent measure, issuing a preliminary injunction on Monday prohibiting Ellisville police from continuing the practice. 'The reality is that the injunction doesn't change the way the city has been operating for the past 12 months,' Restovich said. Still, Ellisville continued to fight the suit. At a hearing last year, Ellisville officials made the case that flashing headlights could interfere with a police investigation. Ellisville's city attorney has now said there are no plans to appeal the injunction. Judge Autrey said in his ruling that the flashing of headlights was essentially a good thing, sending 'a message to bring one's driving in conformity with the law â€” whether it be by slowing down, turning on one's own headlamps at dusk or in the rain, or proceeding with caution.' Changing tactics: Now drivers who 'warn' others cannot be penalized . Jonathan Turley, a criminal attorney and a professor at George Washington University Law School, said courts across the country are dealing with the same issue. In virtually every case except those still being decided, the person cited has prevailed, Turley said. 'This has sweeping implications for the First Amendment,' Turley said. 'What this citizen is doing is warning other citizens about the violation of law. People regularly warn others about the possibility of arrest. There's no difference between a verbal warning and a mechanical warning. Both are forms of speech.' Jeffrey A. Mittman, executive director of the ACLU of Missouri, said that since filing the suit, his office has heard from many other drivers across Missouri complaining about similar police practices. 'It is important that law enforcement officers in other jurisdictions take note of this federal court decision and the ACLU-MO's commitment to free speech,' Mittman said in a statement.
drivers about hidden police cars. The case that flashed his headlights to warn oncoming vehicles of a radar trap was set up by Ellisville police with the law â€” whether it be by slowing down, tactics: Now drivers who 'warn' others cannot be sweeping implications for the First Amendment,' Missouri, said that since filing the suit, his