Headlight flashing is the act of a driver flashing their headlights at an oncoming driver by briefly turning the headlights on or off, or from high beam to low beam, or low beam to high beam. There is no set or clear message transmitted by headlight flashing, but it often means the driver who flashes their headlights believes the oncoming driver’s headlights are inappropriately on high beams or are not turned on or illuminated when they should be.

Headlight flashing may also be intended to convey other messages, such as warning another driver of the flashing driver’s presence; telling another driver to proceed in front of the flashing driver (yielding the right of way); or warning an oncoming driver of danger ahead—which may include a deer or other animal in the road, an automobile wreck, or a police officer hidden from view who is checking the speed of passing drivers and issuing speeding tickets (a speed trap).

Police officers have sometimes issued traffic tickets to drivers for headlight flashing, and in some instances a traffic stop for headlight flashing has led to more serious charges and an arrest for DUI/DWI, for example. Tickets for headlight flashing are often issued based on an alleged violation of a municipal ordinance or a state statute that prohibits:

• high beam headlights within a certain distance (500 feet, for example) of an oncoming driver;

• aggressive driving;

• having flashing lights on a vehicle; or

• obstructing a police investigation.

Drivers who have received tickets for headlight flashing have sometimes challenged the ticket—or the traffic stop that led to an arrest and additional charges—on the ground that headlight flashing is a communication protected by the First Amendment to the United States Constitution.

Laws and ordinances vary from state to state and among cities and towns (municipalities), and state and federal courts have arrived at different conclusions when applying the First Amendment and other laws and ordinances to traffic tickets or stops based on headlight flashing.

In Arkansas, the act of headlight flashing by drivers does not have a specific statute governing its use. However, drivers could potentially be cited under general traffic laws. For instance, Arkansas Code § 27-36-204 states that drivers within 500 feet of an oncoming vehicle must dim their high beams. While this law directly addresses the use of high beams, it does not explicitly mention headlight flashing. Additionally, Arkansas does not have a specific statute against aggressive driving that pertains to headlight flashing. Regarding the use of flashing lights, Arkansas Code § 27-36-301 prohibits the use of flashing lights on vehicles except for turn signals, hazard lights, and certain emergency and service vehicles. As for obstructing a police investigation, there is no direct statute linking headlight flashing to this offense, but it could be argued under broader obstruction laws if the action is deemed to interfere with law enforcement activities. The First Amendment defense has been used in some cases to challenge tickets for headlight flashing, arguing that it constitutes protected speech. However, the interpretation of this defense can vary by jurisdiction and the specific circumstances of each case. It is important for drivers in Arkansas to be aware of these general traffic laws and to exercise caution when using headlight flashing to communicate with other drivers.