DUI Flyer to Show Police

We’re working on a flyer that we’ll give out for free. This is a draft of the Florida version.
flyer-florida

Please post a comment and let us know what you think. And of course, feel free to share on Facebook or other social media.

Once we’re done with the Florida version, we’ll do a NY one and then maybe California and beyond.

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10 thoughts on “DUI Flyer to Show Police

  1. Bob M Hicks

    Under your list, Texas would be in the “beyond.” However, this type of exercise would be a welcome adjunct to practice here in the hinterlands, where almost everyone knows of the right to silence & almost nobody has the capability.

    Reply
  2. Baal

    There is also the option of not getting behind the wheel of a motor vehicle if you have been drinking. Then you don’t have to worry about any of this.

    Reply
  3. mike griffin

    very interesting as long as it dont get you shot.leo getting very agressive some want to be judge ,jury ,and exicutioner

    Reply
  4. wredlich Post author

    @Baal: “not getting behind the wheel of a motor vehicle if you have been drinking”

    It is not illegal to drive after drinking. It is illegal to drive if you’re drunk.

    Fair DUI does recommend not driving after any drinks at all. We do so not because it’s dangerous to the public, but rather because of the risk of arrest and wrongful conviction.

    Reply
    1. John Powers

      Well said Mr. Redlich. Between wars on various made up threats and the ever present media, willing to perpetuate these fallacies, we are now a people of scared lemmings. A people who jump at the beck and call of any form of government and governance.

      Fear the untrained, or worse, the experienced officer who mistakes smells, speech and red eyes for intoxication.

      Reply
  5. Roger Wilson

    Baal–Foolish comment. That by not drinking and driving, you can avoid being pulled over and harassed by police, and maybe being arrested on trumped up charges? You couldn’t be more wrong. What could make you think that?

    Reply
  6. Glenn

    Very good. It would have to be Tailored to Louisiana Law. B/C cops have option of issuing citation or bringing you in.

    Reply
  7. David M Benjamin, Ph.D.

    The concept of handing a card to a PO, or using a flyer with your rights “spelled out” is not new. However, POs want to smell your breath for alcohol. If you don’t comply, you could be arrested for failing to follow an officer’s instruction.

    Also, challenging or disagreeing with a PO will certainly get them mad as a nest of hornets, and you’ll get arrested regardless. Remember, you are dealing with uneducated people of low self-esteem, from families of batterers and drunks who became cops because they needed the respect of the law to compensate for their own low self-esteem and intellectual inadequacies. Don’t push back too hard or you’ll be TASED and abused.

    My recommended best practice is be calm, answer questions with one or two words, do not answer or respond to statements, rather than questions, i.e., “Looks like you were speeding” is not a question – don’t respond, while, “How fast were you going?” does anticipate a response.

    Be super polite. “Yes, officer” “No, officer” As pointed out on this site, you are not entitled to talk to a lawyer from the “field.” You have to be arrested or in custody and then you can exert your rights. During questioning by LEO to determine Probable Cause, you are in limbo with few rights to assert.

    A simple statement like “I’m sorry, officer, but I am not going to be able to answer any questions or do any tests until I talk to my lawyer. You may get arrested, but you will not create any inculpatory evidence against yourself.

    These are just suggestions. There is no good solution.

    Dr. David Benjamin

    Reply
  8. Warren Redlich

    “However, POs want to smell your breath for alcohol.”

    Yes. They want to search inside your car for the smell of alcohol and more. You have the Fourth Amendment right to refuse such a search. A fairly recent SCOTUS case allowed dog sniffs outside a car. Not inside.

    They also want you to answer questions. You have the Fifth Amendment right to remain silent. They won’t like that either.

    Dr. Benjamin’s approach gives the police a basis to arrest you. They will say your speech was slurred and that they smelled alcohol on your breath.

    Reply

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