Flipping them off. Giving the finger. Throwing up the one finger salute. Giving the bird. Flashing the impudent digit. Or flying the double deuce. Whatever you call this rude hand gesture, it’s a common response to tense traffic situations. And it can absolutely get you pulled over. But is it actually illegal? That’s a legal gray area.

As common as it is for driver’s to give one another the middle finger, I couldn’t find any laws on the books expressly forbidding it. So any ticket would have to be for some general offense such as, “disorderly conduct.” In practice it’s often part of a larger case against someone engaging in several forms of road rage such as honking, shouting, and name-calling.

When one resident of Sedona, Arizona had another driver cut them off, then slow down they chose to flip them off when they finally got a chance to pass. The driver on the receiving end of the gesture got so angry, she followed them while on the phone with the police. The responding officer decided to hit them with “disorderly conduct/use of offensive gesture.”

The driver who got the ticket asked the internet if they should fight the ticket. Three separate lawyers said they had a good chance of winning the case, but would want to enlist professional help because it would be a nuanced battle.

A St. Louis area driver found out just how complex this legal battle would be. Steve Pogue watched another driver run a red light and illegally block an intersection. So he decided to flip the jerk off. Down the road, a city police officer pulled him over and gave him a ticket.

The officer even specified that he had planned to pull the other driver over–the one running the red light–but chose Pogue after the rude gesture. So what was the ticket for? Breaking a local ordinance against extending any body part out of your vehicle window.

Pogue decided to fight the case. He lawyered up and found that the local ordinance has a loophole for “signaling.” So he’s arguing he was doing exactly that. Albeit, a rude signal. But one protected by freedom of speech nonetheless.

As a result, the city of Ballwin actually repealed said ordinance. The ACLU of eastern Missouri applauded the move, saying, “Repealing the law fits within our nation’s finest traditions of allowing free expression without fear of arrest.”

So all-told, you can absolutely get pulled over for the one finger salute. You may be able to fight the ticket later. And in certain instances, you may even win. But you can still get pulled over.

A retired police officer from Seattle told a story of a driver flipping him off while he was on duty. He admitted that he couldn’t find a way to charge the driver for the gesture. But he ran his plates, found a warrant, and hauled the guy in cuffs away for something else. So if you are going to flip the bird, make sure you have your ducks in a row first.

Next, find out when it is illegal to lean on your horn.