Do you have the right to remain silent?
Many advocacy groups such as Mothers Against Drunk Driving are not happy with a Florida criminal defense attorney, Warren Redlich, who has sparked controversy by designing a foolproof loophole to get through DUI checkpoints and stops in over 12 states.
Redlich has created a Fair DUI flyer that is to be shown to a police officer during a DUI checkpoint or traffic stop. The Fair DUI flyer states: “I Remain Silent, No Searches, I Want My Lawyer”.
Basically drivers who are going through a DUI checkpoint or traffic stop are instructed to not roll down the window but instead place the DUI flyer, their driver’s license, insurance and registration against the window for the officer’s view. Redlich created the DUI Flyer because he “was tired of defending people who were wrongfully arrested after going through DUI checkpoints”.
Here is an example of Redlich’s Fair DUI Flyer for New York:
This front side is shown to the police officer.
The back side tells the driver what they need to do:
Is this an easy way out for an impaired driver?
Redlich stated, “If you’re drunk, this is probably not going to work, and my advice to anybody, by the way, is don’t drive after a single drink. Even one drink can get you in trouble.” Redlich has created a youtube video that explains how to utilize his Fair DUI Flyer and has been viewed more than 2.4 million times this year.
What Do Police Officer’s Think of the Fair DUI Flyer?
According to Fox 13 in Tampa:
“We showed the video to Pinellas County Sheriff Bob Gualtieri. He said try it in Pinellas and you’ll be arrested.”
“It’s about doing the right thing and we are trying to do the right thing to protect the public and keep drunks who kill people off the road,” Gualtieri said.
“The deputy can’t assess the person. And, if you can’t assess them, you are obstructing the investigation,” Gualtieri said.
“Just because you dangle in a bag with your drivers license, insurance card and registration out the window doesn’t mean you’re not drunk.”
Are DUI Checkpoints Unconstitutional?
The United States Supreme Court ruled in 1990 that DUI checkpoints were constitutional and legal under federal law. Police departments in about 39 states use DUI checkpoints to deter drunk driving. Despite the ruling, several judges believe that DUI checkpoints are a clear violation of the Fourth Amendment, forcing drivers to participate in “suspicionless investigatory seizures.” In the end, the U.S. Supreme Court decided to allow each state to determine whether or not to utilize DUI checkpoints to arrest suspected drunk drivers.
Currently Washington State is one of the few States in the Country that forbids DUI checkpoints believing them to be unconstitutional and an unlawful infringement on one’s fourth amendment rights. In 2014, The Washington Impaired Driving Work Group was created and explored the controversial sobriety checkpoints with 80 percent supporting the checkpoints.
State Rep. Roger Goodman, R-Kirkland stated:
“The research shows sobriety checkpoints are the most effective means in reducing deaths and serious injury. It’s the only thing left in Washington state we have not enacted,”
But ACLU legislative director Shankar Naravan also stated:
“Sobriety checkpoints, on the other hand, are not a cost-effective measure to do that. They do have a deterrent effect but what we’ve found is that that deterrent effect is not as large as had previously been thought,”
Effectiveness of Sobriety Checkpoints
The Center for Disease Control and Prevention (CDC) stated that in the United States, 30 people a day die in vehicle crashes that involve an impaired driver and that sobriety checkpoints that assess a driver’s level of alcohol impairment reduce alcohol related crashes by 9%.
If you have been arrested for DUI, make sure that your rights have not been violated. Call Russell & Hill, PLLC at 888-656-8259 or fill out our free “Evaluation Form” and we will have one of our DUI attorneys call you to discuss your case.