Stopped at a DUI Checkpoint? Florida Attorney General States that Drivers Can Keep Windows Up at SC DUI Checkpoints
Florida’s attorney general has begun distributing fliers to Florida residents, advising them that they do not have to roll down their windows or speak to police at DUI checkpoints.
“It’s a method for innocent people to protect themselves from a bad DUI arrest,” attorney Warren Redlich, who is based in Boca Raton. “Normally, what they look for is: Do you have impaired speech? Do you have impaired motor coordination? Does he smell of alcohol? If you don’t roll down your window and don’t speak, you’ve taken away some of those.”
Redlich began distributing the fliers after hearing that drivers were being arrested and charged with DUI for any amount of alcohol in their blood stream, even when it was under the legal limit. Police were reportedly harassing drivers when their breath or their vehicles smelled like alcohol, which does not automatically equate to a driver committing a DUI. Redlich also argues that DUI checkpoints violate a driver’s constitutional rights, in spite of a 1990 Supreme Court ruling which upheld the validity of such checkpoints across the country.
“People don’t realize that innocent people get arrested for drunk driving; it happens a lot,” Redlich said.
“We have a legitimate right to do it. If I was out there, I wouldn’t wave them through. I want to talk to that person more now,” St. Johns County Sheriff David Shoar said.
However, Redlich argues that Florida state law does not require drivers to sign a ticket without knowing which specific violations they are being ticketed for, such as speeding in excess of 30 miles per hour over the posted speed limit, or carrying an improper load. If a motorist has caused a death or serious injury, Redlich adds, they are required to sign the ticket then, as well.
A video taken by a Florida driver, using multiple cameras in his minivan, and then posted to YouTube, sparked the controversy over Redlich’s encouragement. In the video, the driver refuses to roll down his window, and instead silently indicates to a police officer a plastic bag with a copy of his driver’s license, insurance, and registration, along with a slip of paper indicating the “fair DUI flier” rules.
“I remain silent. No searches. I want my lawyer.”
“If those officers had reasonable suspicion to believe that the driver was impaired, they would have investigated further,” Veda Coleman-Wright, spokeswoman for the Broward Sheriff’s Office, said in response.
The Strom Law Firm Can Help with DUI Charges for SC Residents Pulled at DUI Checkpoints
In 2009, South Carolina DUI penalties became more intense with stiffer fines and more jail time making it even more critical that you are represented by a South Carolina DUI defense lawyer. As of October, 2014, Emma’s law requires installation of an ignition interlock device for certain DUI convictions.
If you have been pulled over on suspicion of DUI and you participated in a field sobriety test which resulted in SC DUI charges, we are here to help. Conveniently located in Columbia, SC, the Strom Law DUI attorneys offer a free consultation to discuss your legal rights as well as how to proceed. Give us a call today to learn more about how we can help. 803.252.4800