FBinNY 

IMO there are two issues. Being legal and staying alive. NY requires a steady red rear light, so flashing lights don't make the cut. But IMO a steady red not only fails to get as much attention as a flashing red, it also presents the greatest risk of the motorist misjudging speed and distance.

Many years ago, I gave up on red rear, and went to a flashing amber. This is much brighter and obvious at a great distance, but not legal in NYS. I've had police comment about my light pointing out that in NY flashing amber is reserved for stationary hazards or barriers. My answer is that given my speed and the car's closing speed, I'm almost stationary by comparison and wnat the car to proceed as if I were a big hole in the ground.

For the last few years, I've replaced the lens on my rear strobe with a blue lens (reserved for police), which elicits an even earlier reaction from cars approaching from the rear.

So in 10+ year of riding illegally, I've spoken to about 20 cops about it, and every one agreed, that they'd rather see me breaking the light law, than having to write an accident report. (though one reminded me, to not rely too much on my blue strobe, since getting hit by cars is the number one cause of police injury)