Florida Lawyer Talks About Rights At DUI Checkpoints

Everyone knows that a person stopped by a police officer has to roll down their motor vehicle’s window to allow the police officer to speak but a lawyer said that drivers passing through drunken driving checkpoints are not even needed to do that much.

According to Warren Redlich, a South Florida lawyer, drivers who refuse to open their window to speak to a cop have the right to do so, telling the Associated Press that the only thing drivers actually need to do is hold and show their license and registration up to the window along with a statement saying that they “have no comment”.

Redlich added, “People don’t realize that innocent people get arrested for ‘drunk driving’. It happens a lot”.

The Boca Raton native are supporting him as according to them, he is not making drunk drivers safe, but he is working for those who have been falsely accused and charged of DUI. Some of his own clients have even passed breathalyzer tests but were charged with a DUI irrespective of the reason that the officer involved alleged that he had detected a smell of alcohol or said that the driver had slurred speech. By not rolling down the window, drivers “are affirmatively asserting [their] rights without having to speak to the police [without a lawyer present]”.

Many people criticized Redlich.

Sheriff David Shoar of St. Johns County said in a statement that police officers must be able to speak with drivers as part of their duty and indicated that a driver who refuses to roll down their window might be cause for suspicion. “They wouldn’t be allowed out of that checkpoint until they talk to us. We have a legitimate right to do it. If I was out there, I wouldn’t wave them through. I want to talk to that person more now”.

Spokeswoman for the Broward Sheriff’s Office, Veda Coleman-Wright, alerted that while Redlich’s methods might have worked for him and his associate, drivers who are indeed under the influence might not have the same luck. Associated Press was told, “If those officers had reasonable suspicion to believe that the driver was impaired, they would have investigated further”.

Wary officials are keeping check on the methods; Redlich explained that his methods serve only to keep innocent civilians out of problem.

The book named ‘Fair DUI: Stay safe and sane in a world gone MADD’ offers “practical advice” on how to stop drinking and driving as well as how to handle police encounters, breathalyzers, and lawyers. Through his website fairdui.org, Redlich along with his associates, have issued official printable flyers for drivers to show through their windows when passing through a DUI checkpoint, as well as an official book in paperback and e-book form.

A Skype interview was taken by Tampa Bay affiliate Fox 13 in which Redlich said, “A lot of people are uncomfortable with the idea that police can just stop you for no reason. If you’re not comfortable with that, this is a good way of handling a checkpoint. There are good cops and there are bad cops — the purpose of the flyer is to protect [those] people from bad cops”.

Whether or not the practice should be legal is still a hot topic of discussion. But whatever the case, at least one lawyer is warning those individuals who may have had one drink too many against trying the method for themselves.

Fox 13 was told by Elliot Wilcox, a Tampa Bay defense attorney, “It’s legal. But you draw attention to yourself. And you’d better be squeaky-clean when you’re going through it, because otherwise you give them another reason to pay attention to you. And if you’re not squeaky clean… that could be the worst thing that happens to you”.

News Source: www.WLOX.com