Lawyer Argues Police Have No Right To Stop You At DUI Checkpoints

Article by Reagan Ali


Have you ever been pulled over at a DUI police check point? Even if you were not drinking, or perhaps aren’t even a drinker, these checkpoints fill many drivers with anxiety, as police officers scour cars they pull over for anything amiss.


Most of the tickets given out at these checkpoints are for seatbelt violations or other things not related at all to drunk driving and DUIs. If you have nothing to hide, waiting in line for these checkpoints is at best a time-consuming nuisance that might make you late for work or dinner.


But now, a bold lawyer is arguing that these checkpoints are not only unconstitutional, but that police do not have legal grounds to do anything but tell you to drive on if you present your drivers license at the window – with the window rolled up – and a sign that tells them you do not consent to a search, that you have no comment and that you want your lawyer.


Warren Redlich is a South Florida attorney, but he says this holds true everywhere.


Redlich explains that his goal is not to protect drunken drivers, but to instead inform innocent people about their rights to not be presumed innocent and illegally detained without probable cause.


Some clients, he explained, have never had a drop of alcohol, but if they rub police officers the wrong way, then they are slapped with DUI charges, because the officer claims he could “smell alcohol” on them or that their speech was “slurred.” It’s then up to them to prove their innocence in court.


“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 explained.


But Sheriff David Shoar of St. Johns County, president of the Florida Sheriffs Association says that “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.”


One video from December 31 at a Levy County, Florida checkpoint, shows Redlich’s associate Jeff Gray with the flyer that his attorney suggested, along with his license, registration and insurance card, all in a plastic bag dangling outside barely cracked car window. The officers examine the contents, then waive him on.The flyer boldly states:


“I remain silent. No searches. I want my lawyer.”


“I’m not anti-cop. I’m anti-bad government and anti-bad cop. I support good cops,” Redlich said. “I would like if police didn’t waste their time with something like checkpoints and would focus their attention on violent crime.”


Have you tried this at a checkpoint before? Let us know what happened.


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First offense, jail time is up to 2 and a half years, a fine of $ 500-5,000, suspension of driving license for up to one year increased car insurance, probation and alcohol classes and / or drugs.
Second offense, jail time is 30 days to 2 ½ years, a fine of $ 600-1,000, license suspension for up to two years, a requirement to install an interlock device in your car that disables the car engine if your blood alcohol level is 0.02 or greater, probation, and / or hospitalization in a treatment program against alcohol.

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Fifth offense, jail time is up to five years, a fine of up to $ 50,000, and the permanent revocation of license.

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If found guilty, the sentence will affect your driving habits, insurance payments, and you could go to jail. If you do not attend court on the date assigned, will also jail sentence.

If you drive with a suspended license, you can end up in jail.

Discussing your case with someone who is not your lawyer. Anything you say can be used against you in court.

Hiring a lawyer is not competent to your specific case.

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