By Jessica TowneThere's a "controversial" YouTube video by the Fair DUI flyer folks about how to get through a DUI checkpoint without comprising your 4th amendment rights or even worrying about your Miranda rights. In the video, which was shot in Florida, the driver has placed his drivers' license, proof of insurance and registration, along with a "fair DUI flyer" which reads "I remain silent. No searches. I want my lawyer" inside a clear baggie which hangs outside his window. Will the cops let him through? They do! A miracle! You can watch it here.
Let's break this down.
1. Any driver stopped by the police must give the officer a license.
There is NO REQUIREMENT to roll your window down.
2. You do have to stop at a checkpoint.
You do have to hand over your license. You don't have to answer any questions, and you don't have to get out of the car unless the officer has the legal right to require you to get out (to arrest you).
3. You do not have to follow unlawful commands. If your license is valid, there is no reason to arrest you for a license irregularity.
Most equipment and moving violations require you to sign a ticket. Make sure your baggy is big enough to hold a ticket and pen, and pull them into your car, sign and then give everything back to Officer Friendly.
This is what will happen in an ideal world. While looking for this video, I also came across a Georgia news video (not actual stop) telling what happened to a man who turned around to avoid the blue lights which he presumed meant accident and really meant DUI check, refused to roll down his window all the way and was arrested for obstruction. Now, will this hold up in court? The only thing that is for sure is that it will cost money to get it sorted out.
