It's not against the law in New Jersey for drivers to flash their headlights to warn motorists of a police speed trap ahead, but that doesn't mean cops aren't handing out summonses.

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Police departments across New Jersey are ticketing motorists under a statute against improper use of multiple beam headlights.  The statute, however, does not specifically address whether flashing headlights to warn oncoming traffic of a road condition is allowed.

"No one should be penalized," said Assemblyman Ron Dancer (R-Cream Ridge). "No one should be summoned and we've got to stop this revenue grab by the local municipal courts. Motorists are being given summons by police officers for the long held tradition of flashing their lights when they do notice a radar trap up ahead."

Legislation introduced by Dancer would clarify that it is perfectly legal for a driver to flash his or her headlights in the direction of oncoming traffic to warn of anything.

"There are several reasons for flashing headlights. It could be traffic for example up ahead, a deer in the road, a hazardous road condition up ahead and of course, the presence of law enforcement officers with those radar traps," Dancer said.

A federal judge in U.S. District Court in St. Louis recently ruled that flashing headlights is protected as free speech. Dancer said that decision will have a national impact.