Lawyers Debate Violation of Driver’s Rights at DUI Checkpoints; “Fair DUI Flier” Finds Support
Police have a legitimate right to stop people at DUI checkpoints, according to St. Johns County Sheriff David Shoar president of the Florida Sheriffs Association. He said that he would not let anyone through without talking to them.
However, Warren Redlich disagrees. He believes DUI checkpoints are a violation of constitutional rights of a motorist. He is an attorney and founder of ‘fair DUI flier’ (picture above). His website explains the legal angle of his argument and prevents false arrests of innocent motorists, according to Redlich. He is of the opinion that many arrests for drunk driving are often made without any reason (accept that the drivers are drunk and a menace to society!).
No right to drive
Drunk driving accident attorneys state that the US Supreme Court had upheld the use of random DUI checkpoints. Many law experts also cite the ruling in 1990 and believe that these checkpoints do not violate anyone’s constitutional right.
Sheriffs would arrest any motorist using the fair DUI flyer on the spot, according to the Lee County and Pinellas county sheriffs. According to Florida law, drivers have to sign the ticket only when there is a serious injury or death, or instances where the speed limit is more than 30 miles per hour, or for carrying improper loads, says Redlich.
The video of fair DUI flier
Redlich has shot a video which shows a motorist stopped at a DUI checkpoint flashing the DUI flier sign and adopting the vow of silence. Police and the public have viewed the video. Jeff Gray, an associate of Redlich, shot the video at a DUI checkpoint in Levy County. The video shows Gray showing the fair DUI flier declaring “I remain silent. No searches. I want my lawyer” and showing the documents through a slightly open window. The officers wave him through after looking at them.
Veda Coleman-Wright, spokeswoman for the Broward Sheriff’s Office, says that in the video the man was let through only because he was not driving under the influence of alcohol and when there is a suspicion of the same, the officers would not have let him through.
The refusal to cooperate is increasingly being seen at DUI checkpoints, according to drunk driving accident attorneys. Along the Mexican border too, there have been instances where motorists refuse to cooperate at immigration checkpoints. Well now that is a major problem. As if America’s southern border did not have enough issues.
Must roll down your window
DUI attorneys state that normally at checkpoints police would look for signs of impaired speech and the smell of alcohol. But when the fair DUI flier does not roll down the window, these signs cannot be determined, according to Redlich.
Redlich’s arguments based on outdated laws?
However, David Weinstein disagrees and thinks Redlich’s methods may not hold water in the court and the officers could still notice bloodshot eyes through the window. According to the latest laws in Florida, it is mandatory for motorists to roll the window down and hand over their licenses at checkpoints, Garett Berman, a Traffic Safety resource prosecutor said. He also adds that Redlich’s arguments were based on outdated laws.
According to Mothers Against Drunk Driving, there were 40,677 DUI arrests in 2014. Apparently Redlich just wants chaos on the streets.
