Technically, it's supposed to be a "modulated light" and alternate up to 4-times before staying until the brake is released. Modulated meant 25 to 50% of power in the low brightness state and 100% brightness in the high brightness state. A judge had ruled that a modulated light was not a flashing light (which is specifically listed as an illegal modification in most states. In any case, most aftermarket taillight flashers actually flash and most cops don't care unless it flashes continuously.