For a couple months now, various news stories have been published and Youtube videos posted, showing drivers passing through DUI checkpoints. Rather than submitting to the normal inconveniences of the police officer’s demands, they instead pull up to the checkpoint and dangle a Ziploc baggie by a string from the top of their closed window. Inside of the baggie contains their driver’s license, proof of insurance, registration, and the Fair DUI Flyer, which was created by Warren Redlich, a Boca Raton criminal defense and DUI attorney. On the front of the flyer states, “I Remain Silent. No Searches. I Want My Lawyer.” In the video, the officers wave the drivers through the checkpoint after examining and then returning the contents of the baggie. Warren Redlich claims he created the Fair DUI Flyer to protect innocent individuals from being arrested for DUI, he states, “People don’t realize that innocent people get arrested for drunk driving; it happens a lot.” Various law enforcement agencies have spoken out against the use of this flyer; in their eyes, it is just a way for drunk drivers to avoid an arrest.
As a criminal defense attorney who has represented numerous individuals wrongfully accused of DUI, I would have to disagree with that statement. As I have stated before on my law firm’s website, when you have been arrested for DUI, you become immediately aware that this type of arrest is in the total discretion of a police officer. If the police officer “thinks” you are driving and impaired, then the officer will most likely arrest you. This extremely subjective opinion by the officer is what makes DUI arrests so frustrating. Officers administer “roadside sobriety tests” that many times can not be performed by a completely sober person inside in a room, never mind on the side of a roadway.
I personally have defended individuals who were arrested for DUI after the various “objective” signs of alcohol intoxication (slurred speech, bloodshot eyes, alcohol smell) were observed by the officer who were later found to be under the legal BAC limit; some even offered to submit to breathalyzer test, which found them to be within the legal limits, and were still arrested for DUI.
As of right now, the use of this flyer seems to be holding up pretty well, according to the numerous videos posted online demonstrating its effectiveness. I always tell my clients to respect the officer and follow their orders; they do have the power to arrest you, even if it is an unlawful arrest. If an officer breaks the law, let them, and have your attorney handle it in court.
Criminal Defense Attorney
For a first DUI offense, you may be eligible for a diversion program. An experienced criminal defense attorney can help you determine your eligibility for a diversion program. If you need DUI help, contact our law firm and ask for Kenneth Padowitz today. Kenneth Padowitz aggressively defends all DUI cases for clients throughout Broward County and all of South Florida, including: Fort Lauderdale, Boca Raton, Miami, Palm Beach, Parkland, Plantation, Cooper City, Hallandale Beach, Hollywood, Davie, Pembroke Pines, and Weston. His unmatched legal experience has given him a broad range of knowledge about DUI offenses and laws and makes him uniquely qualified to resolve your DUI charge . He will look at the potential mitigating factors of your case, and find the best way to proceed with your DUI charge and aggressively defend your rights. An Aggressive DUI lawyer is essential. Fort Lauderdale, Florida DUI Attorney Kenneth Padowitz, provides a strategic criminal defense to those facing DUI charges
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