Can a piece of paper get you past a New Jersey DUI sobriety checkpoint? The “Fair DUI Flyer” claims you can. In the past few months this flyer has become a viral sensation sweeping across YouTube and the country. It was created by a Florida lawyer, Warren Redlich, which allows drivers pulled over at DUI checkpoints to avoid searches in stop areas. Instead of rolling down the window (without ever speaking) or allowing the police to search the car, a pre-made flyer in a bag is shown outside the windshield that reads,
I REMAIN SILENT. NO SEARCHES. I WANT MY LAWYER. Put any tickets under windshield wiper. I am not required to sign – 7:2-1(c), (g). I do not have to hand over my license – 39:3-29. Thus I am NOT opening my window. I will comply with lawful orders.
The back of the flyer, which is visible to the person inside the car, lists a series of instructions for the driver, including the reminder to remain completely silent, and to record the entire interaction with the officer in question.
The three statements on top of the card relate to your constitutional rights under the 4th, 5th, and 6th Amendments. So, in some states, this works due to the technicality that police do not have the right to search a car at a stop point. It is only necessary for the driver to stop.
How did it start?
Redlich states that he was motivated to create the Fair DUI flyer because he often saw activists doing things the wrong way and that he was “tired of defending people who were wrongfully arrested after going through checkpoints.” Redlich tailored his DUI flyers to the laws of 12 states so far, and now others around the country are using them and posting their videos online.
Who is it for?
The fairdui.org website states, “the flyer is intended for two main groups. The first are sober people who are at risk for a DUI arrest. The second are liberty activists.” And then in bold, it states, “The flyer is NOT intended for drunks.” According to CBS News, advocacy groups like Mothers Against Drunk Driving (MAAD) fear this will allow impaired drivers to sneak past the law. In addition, the Fair DUI Flyer may also instill a false sense of security for drunk drivers.
If you or someone you love have been driving under the influence in New Jersey and tried to use this method, the driver should be ready to consult with a New Jersey DUI lawyer immediately after. Using the Fair DUI Flyer will alert the law enforcement that you may be drunk or engaged in suspicious activity drawing extra attention to the driver. The DWI defense attorneys at Villani & DeLuca P.C. understand the challenges faced by DWI defendants and are committed to helping those arrested for DWI to minimize charges and penalties.
It’s NOT for New Jersey Drivers
You (among millions of others) have seen the YouTube clip and begin to think if this legal loophole could actually work for you. But it is important to remember that driving is a privilege in the state of New Jersey – one that can be taken away- and that sobriety checkpoints are legal in New Jersey (see 567 A.2d 277 (N.J. Super. 1989)).
According to dui.drivinglaws.com, the Constitution requires that a police officer have probable cause for a traffic stop. But the U.S. Supreme Court has ruled that the dangers from drunk driving outweigh the “degree of intrusion” of sobriety checkpoints and they are an exception to the search and seizure provisions of the U.S. Constitution. Subsequently the National Highway Safety Transportation Board has issued guidelines for police when administering a sobriety checkpoint.
Contact a New Jersey DUI Lawyer Today
Although Redlich has even created a flyer specific to New Jersey, he even recommends discussing it with a NJ lawyer before using it. If you or a loved one has been charged with DWI in New Jersey, you need a DWI attorney to represent you in court. Call [dyna_phone phone=’1′ format=’dashed’] today for a free initial consultation. We represent clients throughout Monmouth County, Ocean County, and the rest of New Jersey.