Information on the "Fair DUI Flyer" that you might have seen in the news lately from Florida.
Recently, I've received a lot of questions from client, friends, etc. over the Youtube video that has been circulating the internet that shows drivers in Florida going through DUI Checkpoints with a ziplock baggie containing their pertinent information dangling by a string out of their window.
The main video people have seen is (https://www.youtube.com/watch?v=YqEXTVe7MCQ) as of today it has been viewed over 2.5 million times.
So what's going on in this YouTube video? This car of people pull a DUI checkpoint in Florida and instead of rolling down their windows to speak to the police they point to a Ziplock baggie hanging by a string from the closed window. This baggie contains their driver's license, registration, proof of insurance, and a "Fair DUI Flyer". This "Fair DUI Flyer" is the work of Attorney Warren Redlich in Florida, and essentially states: "I remain silent, I consent to no searches, and I want my lawyer."
In this video after viewing the contents of the baggie, the officers waved the motorists through the DUI checkpoint, however I can promise you this is not going to be the case very often because most police agencies are going to make you get out of your car anyways, regardless of whether they are in the right.
Attorney Warren Redlich created the “Fair DUI Flyer” to protect sober motorists from a false arrest. “People don’t realize that innocent people get arrested for drunk driving; it happens a lot,” said Attorney Redlich
I know I personally have defended many people in Kansas where the arresting officer observed signs of intoxication, such as failed sobriety tests, bloodshot eyes, slurred speech, etc. and it was later determined that the person was well below the legal limit or even sober. So in my opinion why give police the chance to “observe” these indicators in the first place?
Attorney Warren Redlich’s Flyer isn't extremely popular with many police agencies around the country, but in my opinion it is a good way to exercise your constitutional rights, and potentially prevent yourself from being falsely charged for any number of things.