Giving Cops “The Silent Treatment” at DUI Checkpoints

An attorney in Florida has recently proposed a tactic that drivers can use to avoid questioning at a DUI checkpoint.  Boca Raton attorney Warren Redlich suggests using a sign like the one he is holding. He has made a YouTube video, which has gone viral, showing how it works .

But could this method work in Pennsylvania?  CBS 21 Harrisburg recently asked Attorney Richard Roberts of The McShane Firm:

HARRISBURG, Pa.– A Florida attorney got national attention after he tried going through a DUI checkpoint without saying a word. That attorney said all a driver needs to do is show the officer a sign and a license through a closed window.  But is this method acceptable in Pennsylvania?

Video of a DUI checkpoint in Florida last New Year’s Eve went viral. In the video police wave a driver through without asking him to roll down his window.  One may wonder if someone can actually get away with that?

The man behind the wheel in the video is Florida Attorney Warren Redlich. He says this is a way to protect a driver’s rights at a DUI checkpoint; it’s not however, designed to allow drunk drivers through the checkpoints.

Michelle Haselrig of Harrisburg doesn’t agree with this tactic one iota.

“That would hurt somebody; get into a car accident when they could have stopped them. I don’t think people should start doing this at all. Just go through the checkpoints,” Haselrig said.

How feasible is this method in Pennsylvania?  Harrisburg DUI attorney Richard Roberts has the answers.

“Simply because you refuse to roll down your window, simply because you refuse to speak to the officer does not give them grounds to stop you,” Roberts said.

It is by rights that one can keep their window up at a check point as long as you provide a visible license and registration, but it’s not advised.

“You are drawing attention to yourself, so you understood that anytime you assert your rights there are probably some risks with people who think you’re doing the wrong thing,” Roberts said.

Studies have found that DUI checkpoints reduced alcohol related crashes by about nine percent.

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You have the right to remain silent !! Do you have the ability?

You have the right to remain silent !! Do you have the ability? | Orlandoduiteam#topnav ul li a,.sidebar h4,.tk-news-gothic-std{font-family:"news-gothic-std",sans-serif;}p{margin-left:0 !important;}a{color:#0D8BB7 !important;} Orlando DUI Team Published by Orlando, Florida DUI Lawyers :: Katz & Phillips, P.A.(321) 332-6864 HOMEBLOGCONTACT US David S. Katz Founding partner
Katz & Phillips, P.A James D. Phillips Founding partner
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Contact Us DO YOU HAVE A CASE?Contact our attorneys NOW Name: Email: Phone: Comments: Enter text from the Image Above: You have the right to remain silent !! Do you have the ability?

Everyday I sit down in my conference room with someone who has been arrested for DUI and hear virtually the same thing. The individual tells me that they were stopped, and eventually the officer asked them how much they had been drinking. Thinking if they cooperate, the officer will go easy on them, they admit to having consumed some quantity of alcohol. I often hear the phrases, “I wanted to be honest with them,” or “I didn’t want to lie.”

So first, understand that I am not advocating that you lie to the police when you speak with them. But you must understand that the officer standing by your window on the side of the road in the middle of the night is not stopping you to make a new friend. They are investigating a crime and attempting to gather evidence. You are not required to answer their questions beyond your name and address. If asked, you must provide your driver’s license, registration and insurance. That is it. Nothing else is required.

I am also not suggesting that you be rude to the officer. Simply state that you decline to answer any questions you are not legally required to answer and do not wish to speak with the officer. Tell them you will only speak with them with your lawyer present and do not say anything else. Sure the officer may arrest you, but at least you have not helped them convict you of a crime.

DUI is a serious offense. Alcohol is known to loosen lips. People often say things that will hurt their case later on. Do not help the police convict you. You have the right to remain silent. Use it.

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What Do You Have the Right to Remain Silent About?

One of the most common questions DUI clients ask me is, “What if they didn’t read me my rights?” This question is generally posed in a way that clearly suggests that the client believes he or she has their smoking gun to get out of the problem they have recently got themselves into.

There is no question that at the time the question is posed there is a misunderstanding on the part of the client about what “reading their rights” means. In fact in every occasion where I have questioned the client as to what the rights were, they parroted these rights exactly as they heard them on their favorite television police or detective show always starting off with: “you have the right to remain silent . . . . .”

Interestingly enough, it’s the right to remain silent people don’t understand and fail to invoke.

It seems to me that people, knowing they have a right to remain silent, will lie rather than remain silent. Lying and remaining silent are 2 completely different things with 2 completely different effects on a case.

A lie takes away from the client’s credibility as well as proposes to a jury that the fact the client lied could suggest the client had some knowledge of his or her guilt. In fact if it is established through trial that a defendant may have lied then the jury is given a jury instruction that they could consider that to be because the defendant had knowledge of his guilt.

Whereas, remaining silent is just that. In fact a jury can’t ever be informed by any means that a defendant chose to remain silent or invoked his rights under the 5th amendment to the constitution to remain silent. It is required to be a void in the line of information allowed to be given to a jury.

So it is important to not only be able to say the Miranda Rights like they do in the television shows, but, more importantly, to understand those rights, especially the right to remain silent.

First don’t be afraid to invoke the right. Cooperating with the police when you are the target of an investigation does not mean you have to speak to them. Call your attorney first or let the police know you “won’t answer any statements without an attorney present.”

Second, recognize WHEN you need to invoke these rights. For instance, if you are stopped by police and the officer tells you he stopped you for speeding, a question regarding alcohol is a sign to remain silent.

If you are asked to perform ANY type of physical field sobriety test after you are stopped for speeding, then you respectfully refuse to do that. That includes following an officer’s finger!

If you are asked to blow into a hand-held breathalyzer test prior to being place under arrest, then you respectfully refuse that to. It may be a good idea at that time to request to take a blood or breath test IF YOU ARE BEING PLACED UNDER ARREST FOR DUI.

Lastly, be respectful while still staying strong. There is no reason to be rude to a police officer. In fact, it can prove to be a very bad idea. But don’t give in. Remain silent. Refuse those things you are legally allowed to refuse. Invoke your rights. There are more than just parroted words.

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