A Florida criminal defense attorney has gone to war against DUI checkpoints, saying the compulsory traffic stops by police violate state laws and civil rights.
Attorney Warren Redlich, a former Libertarian candidate for New York governor, says drivers are not required to roll down their windows at checkpoints to talk to police. Redlich says drivers open themselves up to problems when the police have direct access to them.
Redlich posted a YouTube video on New Year’s Day, which has received more than 2.4 million views. It has spawned several copycat videos by supporters who have filmed police officers after they were stopped at checkpoints in various states.
In the video, Redlich identifies a DUI checkpoint run by the Florida Highway Patrol and Levy County Sheriff’s department and drives to it. Attached to the door is a flyer that Redlich says spells out his rights: I WILL REMAIN SILENT/I WANT MY LAWYER/NO SEARCHES, it begins. The flyer also contains his valid registration and insurance information along with a clear pocket for his driver’s license.
Redlich says it is important not to open the window, because then the police can say they smell alcohol or drugs. He also says it's important to remain silent, because otherwise the police can claim your speech is slurred. Even if you’re innocent, Redlich says, it makes it more difficult for an attorney to mount a defense at a trial.
“I’ve seen innocent people who pleaded guilty because they couldn’t fight or afford an attorney,” Redlich told a Florida ABC News affiliate.
The YouTube video shows three drivers who approach police checkpoints. When the first driver approaches the checkpoint with the doors locked and the windows rolled up, the police examine his flyer quizzically before letting him go. The second and third drivers are also allowed to proceed.
Redlich cautions that the Fair DUI flyer and the procedures used by the drivers are specific to Florida laws. He has published custom flyers and information for other 10 other states on his site Fair DUI. Redlich also published a book by the same in 2013.
“This is not about helping drunks," says Redlich. “This is about helping innocent people. If some drunk person along the way gets help because of this, I’m perfectly okay with that. I’m a criminal defense attorney.”
Redlich says following his directions, being patient and remaining silent are important, so the flyers probably wouldn’t help impaired drivers.
See Redlich's video: