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Good People Do Get Arrested


| Jan 23, 2015 | DUI


We know baggies are frequently associated with marijuana in addition to their usual legal uses, in this case they are being used for DUI checkpoints. Here’s another idea that is circulating. Reported in an article on the American Bar Association Journal website by Martha Neil, Attorney Warren Redlich suggests that motorists faced with DUI checkpoints don’t open their windows. They should “put their license, registration, proof of insurance and a flyer in a plastic baggie attached to the exterior of their vehicle and then roll up the driver’s window as they approach the checkpoint, according to Tampa’s Fox 13 News and PINAC News.

“One example of the flyer states in large-font capital letters ‘I remain silent,’ ‘no searches’ and ‘I want my lawyer.’ It cites statutory law to support the driver’s claimed right not to roll down the window, explaining that any ticket can be placed under the windshield wiper and advising that the driver will obey ‘clearly stated lawful orders.’ ”

A video of using the Florida flyer on You Tube has gone viral,

By doing this, it is claimed to protect your rights and that the police won’t be able to smell alcohol or drugs in your vehicle or on your breath or hear if you slur your words.

Some law enforcement disagrees. Lee County’s own Sheriff Mike Scott interviewed by WSFX-FM as reported by the Blaze is quoted as saying

“‘I can tell you with certainty that if this gentleman enters a Lee County checkpoint the same outcome will not be the case,’ Scott said, arguing that officers need to be able to interact with and smell drivers to ensure the driver does not seem impaired and no odors of alcohol or drugs emanate from the car.

“‘By not rolling your window down, you’re interfering with our investigation,’ Scott said.’If a driver refuses to roll down their window they will be arrested.’

“Calling DUI checkpoints ‘very structured, organized events that are taking place to save your life, my life and our families that are driving down these roads,’ Scott acknowledged that drivers passing through checkpoints retain their right to remain silent, but he was adamant that windows have to come down.

“‘Frankly I think people should roll their windows down [at DUI checkpoints] and just say ‘thank you’ [to police] for trying to keep drunk drivers off the streets.'”

If you should get arrested for drugs, DUI, or another offense, call us at Scott T. Moorey, Attorneys-At-Law. Good People Do Get Arrested. That’s why we’re here for you 24/7. Schedule your free initial legal consultation and meet with either Scott Moorey or Lance Dunford, both skilled criminal defense attorneys with Fort Myers roots.

Law Firm of Scott T. Moorey 1430 Royal Palm Square Boulevard, Suite 101, Fort Myers, FL 33919Phone: 239-275-5552 Toll Free: 888-821-9168Fax: 239-275-6507Good People Do Get Arrested.