At DUI Checkpoints, Is Right to Silence Really Golden?


A video taken at a DUI checkpoint in Florida is inspiring some motorists to try a new strategy, reports the Washington Post. Instead of rolling down his window to chat with police, the man behind the wheel remains silent and indicates a plastic bag dangling from the vehicle door, which the officer illuminates using a flashlight. Inside the bag is a copy of the man's driver's license, insurance, registration and a slip of paper known as the “fair DUI flier,” which states in bold letters: “I remain silent. No searches. I want my lawyer.” The officers examine the packet carefully for a few seconds before glaring at the driver and sending the man on his way.

A video of the New Year's Eve exchange — captured using multiple cameras from inside the minivan — has been viewed more than 2.2 million times on YouTube and has inspired countless more motorists to follow suit. Warren Redlich, the flier's creator and an associate of the man who shot the YouTube video, argues that DUI checkpoints violate a motorist's constitutional rights. The Boca Raton defense lawyer maintains that his Website, which includes detailed explanations of his legal argument, protects sober motorists from being falsely arrested. Not surprisingly, law enforcement agencies disagree.

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