Warren Redlich, a Florida lawyer, is stirring up controversy with a flyer that he says will get people through DUI checkpoints without being arrested. Redlich is passing out what he calls the Fair DUI Flyer and has uploaded a video to YouTube explaining how to use it.
On New Year’s Eve the lawyer was waved through a checkpoint because of the flyer without even being stopped. Redlich says that he created the flyer because he was sick of defending innocent people who were arrested during a sobriety checkpoint:
There are genuinely drunk drivers that need to be taken off the road, but unfortunately the way the system works, a lot of innocent people get caught up in it and the idea of this is to help people protect themselves by not rolling down their window and asserting their rights. [Source]
He has made flyers for 12 states of the 38 states that use DUI checkpoints to deter drunk drivers. Members of law enforcement and Mothers Against Drunk Driving (MADD) say that he is exploiting a loophole to get drunk people through checkpoints, but the attorney says it is unlikely that will happen:
Drunk people are not good at following instructions, they’re not good at remaining silent, and they’re not good at being patient. And all those things are required to make this work. So if you’re drunk, you’re probably not going to pull it off.
DUI checkpoints are one of those things that many people have a problem with because they think it violates their rights. However, in 1990 the Supreme Court ruled in Michigan Department of State Police vs Sitz that the stops do not violate the Fourth Amendment protections against unlawful search and seizure.
Miami Police Sgt. Luis Taborda said checkpoints are as much about deterrence and visibility as making DUI arrests. Taborda said they’re important if they can keep someone from hearing that their loved one is dead or seriously injured.
I’m the one that has to knock on somebody’s door and see the pain that person has to go through. [Source]
It is a pain in the ass to be stopped at a DUI checkpoint when you are totally sober and on your way home. But, it is one of the things you consent to when you are granted the privilege to drive.
Redlich hopes that these flyers will eventually make the SCOTUS reconsider its stance on DUI checkpoints, but is that really smart?
In 2013, 32,719 people were killed in traffic accidents. Of that number, 10,076 dies in drunk driving crashes. That’s 31 percent of the traffic related fatalities for that year. According to research these checkpoints consistently reduce crashes by 9 percent.
Is that a huge number? No, but your child could be in one of the lucky 9 percent of cars who were saved because of a sobriety checkpoint.
Watch Redlich’s video below:
Featured image via FairDUI.org