It’s certainly newsworthy in Florida and potentially of interest to some of our readers, so we’re reporting it.
“It” is a DUI information packet in the form of a flier that motorists can place in their car window if stopped by police at a sobriety checkpoint.
The flier’s creator says that the packet’s purpose “is to protect innocent people from bad cops.” He states that the packet “is a good way of handling a checkpoint” for people who are simply averse to being stopped without a police officer’s probable cause and who fear that some officers will make faulty arrests.
A legal analyst commenting on the intended drunk driving defense tool — termed a “Fair DUI flier” — counters that, while hanging such a packet from a closed driver’s side window is legal, it might bring a police reaction and consequences quite different from what a motorist is seeking.
Perhaps a bit of explanation is required here.
A video of a driver using the flier has gotten more than a million hits already this year. The video shows the driver stopping at a checkpoint, with a plastic bag hanging from his closed window. The flier clearly states that the motorist will not speak, will not consent to a search and wants a lawyer. The bag contains the driver’s license, vehicle registration and insurance information, along with copies of relevant Florida statutes.
The video shows an officer reading the information and then waving the driver though the checkpoint.
That indeed might often work. Conversely, and as noted by the commentator above, it could result in heightened police scrutiny and an intense effort to establish the probable cause required for a further investigation.
An experienced Florida DUI defense attorney can offer an insider’s perspective on such a tool, as well as provide the knowledgeable and aggressive representation required to safeguard the legal interests of a state motorist facing a drunk driving charge.
Source: FOX 13 Tampa Bay, “Author: You don’t have to roll down your window at a DUI checkpoint,” Haley Hinds, Jan. 6, 2015