Miami, FL- A South Florida attorney is teaching motorists how to avoid a DUI checkpoint, and his advice is irritating law enforcement officers across the nation.
Boca Raton attorney Warren Redlich claims that DUI checkpoints are unconstitutional so he wants to inform drivers on how they can breeze through these checkpoints without ever speaking to an officer. He’s even built a website to disseminate the information complete with a form that can printed out and placed in your window should you run across a DUI checkpoint.
“The point of the card is, you are affirmatively asserting your rights without having to speak to the police and without opening your window,” Redlich said, according to the Daily Mail.
According to Redlich, all a driver has to do to avoid speaking with an officer or even rolling down their window is to place a piece of paper which states you are asserting your right to remain silent, you do not consent to a checkpoint and you want your lawyer.
So far Redlich and his associates have put up forms for people to use in 10 states and plan to add more, but you may be taking a risk by using the sign.
Police agencies across the state of Florida are up in arms about Redlich’s advice. Sheriff David Shoar of St. Johns County and president of the Florida Sheriffs Association told the Daily Mail, “They wouldn’t be allowed out of that checkpoint until they talk to us. We have a legitimate right to do it.” Shoar added, “If I was out there, I wouldn’t wave them through. I want to talk to that person more now.”
Redlich said he has represented clients that passed a breath test, but were charged with DUI anyway because their speech was slurred, according to the Daily Mail. He asserts that he isn’t trying to help drunken drivers get away with their crime, he is just trying to protect the innocent.
But, in reality, the best way to beat a DUI checkpoint is to not drive while under the influence in the first place. It’s a very dangerous habit that causes thousands of deaths every year. Sure it’s irritating to speak to police and have them scrutinize your every word or action, but it’s important to keep drunk drivers off the road for everyone’s personal safety.
Redlich isn’t the first attorney to question the legality of DUI checkpoints, but in the U.S. Supreme Court settled the debate in 1990 when they ruled that these checkpoints don’t violate a person’s constitutional protections against unreasonable searches and seizures. There are 12 states where these checkpoints are not allowed, but Florida isn’t one of them.
Driving under the influence is a serious crime and person can pay dearly for getting behind the wheel when they’ve had too many drinks. DUI offenders, who have a Florida DUI attorney on their side may be able to negate some of the consequences of their actions and possibly have their charges or penalties reduced.