Flyer and Book

Thanks for all the comments, likes, etc. We are inspired by the recent attention (January 2015) and will be adding several states. We hope to complete the country within a couple months.


There are two main reasons people come to Fair DUI: Our flyer and our DUI book. Here’s an example of the flyer:
Fair-DUI-FL-Flyer-1

The idea behind the flyer is that you keep it in your car and show it to police at checkpoints and traffic stops. This is NOT for everyone, nor for every situation. To find out whether the flyer is for you, and when you should (and shouldn’t) use it, please read more on our Flyer page.

fair-dui-kindleTo better understand police encounters and how to protect yourself, you should consider buying the Fair DUI book. At this writing (February 2015), the book has 32 reviews on Amazon with an average of 4.7 stars out of 5.

1. On Kindle as low as 99 cents! 2. Paperback from Amazon
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98 thoughts on “Flyer and Book

  1. justin

    why does jeff talk to the officers in the video. You always say and the sign says I remain silent. Does he have to and why does he roll down the window.

    Reply
    1. wredlich Post author

      We have talked about that and he no longer talks to them.

      Keep in mind that in some instances he is acting as a journalist. In that role he may have to speak.

      Reply
        1. pete b

          For Rhode Island too please,and where would we find the statutes or codes which say that we don’t have to hand them our paperwork,or those types of things?

        1. Mark

          The idea is to calmly and politely assert your rights, not incriminate yourself, and challenge the actions of our oppressors on a legal basis.

    2. jesse vento

      I like your direction. Currently I have an Ignition Interlock device here in Pinellas county. I would be more than happy to drive around Lee county with it and show it at a checkpoint to see the reaction from the police officers there. Would they arrest me with the device in my car and I didn’t roll down my window? Could be a game changer

      Reply
  2. tido

    Hey warren i live in n.y., do i have to hand them my id up here or is it the same as florida just show it through the window.

    Reply
    1. wredlich Post author

      Show it through the window. Make sure you’re using the NY card.

      By the way, just because I say so (and I am right) doesn’t mean the police officer, prosecutor or judge will agree with me. It’s not risk free.

      Reply
    2. Angi

      Arkansas says this will land u in jail and or fine and loose license for 90 days suspension.THV 11 news station aired it tonight on air and also posted an article online and on FB

      Reply
  3. Richard Disney

    I live in Nevada. What are the Nevada vehicle code equivalents to the California card? I think in Nevada one must “present drivers license” and not actually hand it to an officer but I can’t find a vehicle code or statute that covers that. Thanks!

    Reply
  4. Josef Roesler

    Sounds nice, but Florida law says you do have to sign.

    318.14 Noncriminal traffic infractions; exception; procedures.—
    (2) any person cited for a violation requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation listed in chapter 316 must sign and accept a citation indicating a promise to appear.

    (3) Any person who willfully refuses to accept and sign a summons as provided in subsection (2) commits a misdemeanor of the second degree.

    Reply
      1. Bennett

        Both federal and state appellate courts appear to disagree with your conclusion. See Snover v. City of Starke 398 Fed Appx 445 (11th Cir 2010) as well as Robinson v. City of Miami, 867 So.2d 431 (Fla. 3rd DCA 2004). Both cases uphold the conviction of persons charged with refusing to sign a traffic citation for non-mandatory hearings. I’d like to hear your analysis of those cases and how you think they are distinguishable at roadside checkpoints.

        At this point, Im thinking you should change your flyer.

        Reply
        1. Ben

          In Snover v. City of Starke no where does it say how fast Snover was going. If Snover was going 30mph over the speed limit that is considered a criminal offense in FL, s. 318.19(5). and she was required to sign it.

          In Robinson v. City of Miami, jaywalking is a noncriminal offense in FL, s. 316.130(19), and therefore was not required to sign the ticket.

          Both cases quoted only part of the law out of it’s context and not in it’s entirety. Therefore overly emphasizing it to misinterpretation and a misleading argument. Based on what I read, in my opinion, the courts are obviously wrong and that they basically steamrolled these people. Snover and Robinson can still refile their cases all the way to the supreme courts, if they want to and if they have the time and money to do it. Also neither Snover and Robinson invoked their fundamentally protected rights to remain silent, no searches, and counsel during the encounter.

          I think the flyer is fine the way it is. However if you don’t like it the way it is now then why don’t you make your own then?

  5. Jack Tipton, jr.

    You guys are doing a great job. If you feel free sometime, would you create a Missouri flyer? Thank you.

    Reply
  6. Cody

    Why is no One fighting for these out of control DUI laws… My god, one drink is a DUI for a girl who is small. This is so unfair and disgusting to ruin a clean, non criminal person’s life for a victimless crime. If they really wanted to keep drunk drivers off the road all dui’s should be a car tube and than they won’t be able to drive if they are drinking. What a money hungry group. Read the 4th and 8th amendments people.. Wake up and fight for your rights.

    Reply
  7. herkyfreeman

    love your flyer are you making one for north carolina i have read in north carolina u have to roll your window down is this ture or not

    Reply
  8. John

    What is the correct way to do this in Texas. Cause I believe you are required to sign the ticket in this state or goto jail

    Reply
  9. Christopher Hobbs

    Thank you for your efforts to safeguard our Constitutional and Unalienable Rights. There are far too few of us who devote our time to educating people who really do not want to be educated. From mankinds history, we can see the route and results of an uneducated citizenry that neither knows their rights, cares not to know them, and worse, cares not to exercise and safeguard them. I know you get this request from others, but can you please create one of the forms for the state of Alabama? I am sure many of us who understand this is not about being able to “drink and drive” but more accurately about safeguarding our rights that our Founding Father’s set in our nations DNA. I would be willing to compensate you for your time. Thank you again.

    Reply
    1. guest

      I R E M A I N S I L E N T
      N O S E A R C H E S
      I W A N T M Y L A W Y E R

      Please put any tickets under windshield wiper
      I am not required to sign –
      I am not required to hand you my license – MCL 257.311
      Thus I am not opening my window.
      I will comply with clearly stated lawful orders.

      Reply
  10. Keeta

    How do you feel about Border Patrol checkpoints? I am a teacher in AZ and I drive through one every day on the way home from work. When we are in my coworker’s car (also a teacher, we trade off carpooling) we get sent to secondary fairly frequently, for no apparent probable cause. We suspect her appearance and vehicle fit a profile. They usually ask to see inside her trunk and have more than once asked us to get out of the car so they can search it. When she protests that she feels harassed and asks about probable cause, they usually continue to ask her to go to secondary. If she has her phone out and is recording, this happens less often. What are our rights here, and do you think a modification of the DUI flyer would work in this situation?

    Reply
  11. Bill Downs

    I am a father that has lost 3 kids because of a drunk/impaired driver. I know going through a checkpoint can be a hassle; but unless you have something to hide, you should be glad law enforcement is trying to get impaired drivers off the road. I pray YOU never lose a loved one because someone used your “handy device” and went through a checkpoint and then killed your love one down the road.

    Reply
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  13. Scott

    First, thanks.
    Second, should there be some text on these informing the cops they’re being filmed? Seems like that’s a big problem nowadays.

    Reply
  14. Glenda

    i’d arrest him for being an Ass hole. These checkpoints save lives. I want them to catch him if hes been drinking. Too me they are trying to beat the law. If your not breaking the law what is the big deal? Idiots like you who try to fight every legal system because they”violate your rights” make it easy for drunks to keep killing people. Your not a hero.

    Reply
    1. wredlich Post author

      The checkpoints do not save lives. They’re a worthless waste of time.

      Do you really want to live in a country where police can arrest someone for “being an asshole”?

      Reply
    2. chief

      You are sadly missinformed Glenda. These check points are about collecting fine money and the funds that the county or city gets for holding a person for 1 to 3 days. It is all about money and is just digused as a life saver.

      Reply
  15. Sean

    I printed out your Utah flyer and will use it if I come across any DUI checkpoints. I was wondering if it would work with a normal traffic stop, speeding, tail light, turn signal.

    Reply
    1. wredlich Post author

      It is intended primarily for traffic stops. Checkpoints are not the main point, though they do make for good videos.

      Reply
  16. Henry

    So, I understand the purpose of this, but am not understanding the reasoning.

    While I don’t always agree with law enforcment setting up check points and delaying my commute, don’t you just draw more attention to yourself by doing this? Seems like if you aren’t doing anything wrong, then you don’t have any worries. I am a driver for a living, and have been in countless checkpoints, and have been stopped by law enforcement at least a dozen times. I also have documents readily available, am honest with them, and have never had issues.

    What about liability or credability? What happens when someone posts one of these on their window and makes it through, and then crashes five miles later and kills or injures someone? Or if someone that really is driving drunk is arrested after attempting to use this method? Would you feel differently if you had a family member killed by a drink driver, and drunk folks are using this method to get out of getting caught?

    Here are some flaws that I see…
    -While you may show your drivers license and registration, how can an officer determine that its real and not fake? They would then have the right to further investigate

    -What happens when you are ordered by an officer to exit due to not being able to see the documents due to window tint, etc? You refuse and are arrest for obstruction. This would be an unnecessary criminal charge.

    -Are you going to carry this and a bag with you in the car and get everything together when you roll up on a check point? Your videos show you seeking out checkpoints and then using your method.

    In the end I understand your passion for standing up for your rights, but this method is silly. To many it looks like you are just trying to bait a cop. And after watching the videos, it appears the same, and none have been baited. Your advice of remaining silent and not answering questions is great, but again the method is weak.

    Reply
  17. Rusty

    Your an idiot. Cops just trying to get a job done and your making it harder on them. You sound like someone who has been arrest a few times.

    Reply
    1. wredlich Post author

      Actually we’re making it easier for them. We’ve done this several times and it always goes smoothly.

      Reply
  18. Jimmy

    I just read the book. It is informative and contains eye opening information. I used to think that the cops were always the good guys who were objective in their work. Now, I feel that government, lobbyists, i.e. MADD,etc., police departments, and prosecutors, and judges all work together to get maximum revenue and to guarantee reelection. Anyone, even the innocent can be stopped and prosecuted for drunk driving. Excellent book. I am a liberal and I agree that we cannot let our civil liberties be violated. I’d does not matter your political affiliation. cops will arrest you, regardless, if they could get away with it.Really informative book and eye opening information. I used to think that the cops were always the good guys who were objective in their work. Now, I feel that government, lobbyists, i.e. MADD,etc., police departments, and prosecutors, and judges all work together to get maximum revenue and to guarantee reelection. Anyone, even the innocent can be stopped and prosecuted for drunk driving. Excellent book.

    Reply
  19. Ben

    FINALLY! Some good news! Found the laws for Washington state!

    46.20.017
    Immediate possession and displayed on demand.
    Every licensee shall have his or her driver’s license in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. The offense described in this section is a nonmoving offense.

    46.64.070
    Stopping motor vehicles for driver’s license check, vehicle inspection and test — Authorized — Powers additional.
    To carry out the purpose of RCW 46.64.060 and 46.64.070, officers of the Washington state patrol are hereby empowered during daylight hours and while using plainly marked state patrol vehicles to require the driver of any motor vehicle being operated on any highway of this state to stop and display his or her driver’s license and/or to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed by chapter 46.37 RCW, as now or hereafter amended. No criminal citation shall be issued for a period of ten days after giving a warning ticket pointing out the defect.

    Even more good news. You are not required to sign a traffic ticket, SHB 1650, and DUI Checkpoints are not allowed, Illegal without authorizing statute per Supreme Court. (Seattle v. Mesiani; 1988)

    BOOYAH!! 🙂

    Reply
  20. upstater

    When you go to the airport and fly, TSA takes your license and shines a UV light to verify its authenticity. Licenses have holograms and UV-only readable text. Do you think they’ll let you get on the place if you give it to them in a plastic bag or in a glass jar?
    Withholding the license from an officer and denying him/her the ability to verify its authenticity at the time of a traffic stop or at a check point will not withstand court challenges. Further, I think withholding the license will result in the cop’s dash cam being turned of and betting the sh** knocked out of you.
    You may be able to “sell” your books and services for the time being, but it will be out of business in a year or two. Get it while its hot.
    Of course, the best way to avoid being arrested for DUI is to not be over 0.08 in the first place. And even at 0.05 you place yourself and others at a 38% increased risk of a crash. Being convicted of DUI at 0.00 may have happened once or twice but it is nonsense and you know it.
    How about constitutional rights for victims? The constitution guarantees us “life, liberty and the pursuit of happiness”. My daughter was denied HER life by a drunk. Why don’t you help victims instead?

    Reply
    1. Pablo

      if you’re going to lie about your daughters death you should probably lead with it rather than tack it on at the very end

      Reply
  21. isaac

    I am a resident of Utah and just looked at the Utah flyer. I am concerned that you may be misleading people as to the requirement to sign a citation. The flyer says “i am not required to sign” and cites §77-7-18 – §77-7-20. It is true that those sections do not mention signing. However, §77-724 (4) clearly establishes an officer’s authority to require signature on a citation for a violation of traffic code. An individual may be cited and/or arrested for failing to do something that they are in fact required by law to do.

    Reply
      1. Ben

        @ isaac

        You are only required to sign if it is a misdemeanor. NOT for an infraction, unless otherwise provided.

        41-6a-202. Violations of chapter — Penalties — Acceptance of plea of guilty.
        (1) As used in this section, “serious bodily injury” is as defined in Section 41-6a-401.3.
        (2) A violation of any provision of this chapter is a class C misdemeanor, unless otherwise provided.
        (3) A violation of any provision of Part 2, Applicability and Obedience to Traffic Laws, Part 11, Bicycles, Regulation of Operation, Part 17, Miscellaneous Rules, and Part 18, Motor Vehicle Safety Belt Usage Act, of this chapter is an infraction, unless otherwise provided. (4)
        (a) If a person has received a citation for a moving traffic violation under this chapter that resulted in a collision and any person involved in the collision sustained serious bodily injury or death as a proximate result of the collision, a court may not accept a plea of guilty or no contest to a charge for the moving traffic violation unless the prosecutor agrees to the plea:
        (i) in open court;
        (ii) in writing; or
        (iii) by another means of communication which the court finds adequate to record the prosecutor’s agreement.
        (b) A peace officer that issues a citation for a moving traffic violation under this chapter shall record on the citation whether the moving traffic violation resulted in a collision in which any person involved in the collision sustained serious bodily injury or death as a proximate result of the traffic collision.

        It’s considered an infraction, in Utah, for driving on a sidewalk but a class C misdemeanor for jaywalking!?!? WTF OVER!?!?!

        It will be a good idea to add this law on the front of the flyer and to have a list of the traffic laws, while operating a vehicle, that are considered misdemeanors on the back.
        After just surveying Utah traffic laws it better be in small print or have a really big flyer with extra pages! WTF UTAH!?!?
        41-6a-524. Refusal as evidence & 41-6a-523. Persons authorized to draw blood — Immunity from liability. There goes your 4th, 5th, 6th, 8th, and 9th constitutionally protected rights and that’s not including Utah’s constitution!!

        Reply
  22. terry

    Love your approach on handling traffic stops. In Alabama a motorist is “automatically guilty” of DUI if he/she “refuses a sobriety test. Can you be considered to have refused a sobriety test while using your sign? How would you handle this situation?

    Reply
  23. Jeff Adler

    1) Please tell Rusty and Glenda not to reproduce.
    2) Attention people! Pulling through a DUI checkpoint is NOT A VIOLATION, why would you have to sign anything?
    3) You have a flyer for GA yet?

    thanks!!

    Reply
      1. Jay

        So on the flyer that I read for Georgia it says that it is safer to sign the ticket if the officer states that it is not an admission of guilt. At that point you would have to roll down your window to sign it? A little contradicting. Please clear up. Thanks.

        Reply
  24. Ben

    I’m on a roll!! Here’s Pennsylvania!! 😀

    § 1511. Carrying and exhibiting driver’s license on demand.

    (a) General rule.–Every licensee shall possess a driver’s license issued to the licensee at all times when driving a motor vehicle and shall exhibit the license upon demand by a police officer, and when requested by the police officer the licensee shall write the licensee’s name in the presence of the officer in order to provide identity.

    (b) Production to avoid penalty.–No person shall be convicted of violating this section or section 1501(a) (relating to drivers required to be licensed) if the person:

    (1) produces at the headquarters of the police officer who demanded to see the person’s license, within 15 days of the demand, a driver’s license valid in this Commonwealth at the time of the demand; or

    (2) if a citation has been filed, produces at the office of the issuing authority, within 15 days of the filing of the citation, a driver’s license valid in this Commonwealth on the date of the citation.

    Title 234 – Chapter 4 – Rule 403 – Contents of Citation.

    (A) Every citation shall contain:

    (1) the name and address of the organization, and badge number, if any, of the law enforcement officer;

    (2) the name and address of the defendant;

    (3) a notation if the defendant is under 18 years of age and whether the parents or guardians have been notified of the charge(s);

    (4) the date and time when the offense is alleged to have been committed, provided however, if the day of the week is an essential element of the offense charged, such day must be specifically set forth;

    (5) the place where the offense is alleged to have been committed;

    (6) a citation of the specific section and subsection of the statute or ordinance allegedly violated, together with a summary of the facts sufficient to advise the defendant of the nature of the offense charged;

    (7) the date of issuance;

    (8) a notation if criminal laboratory services are requested in the case;

    (9) a verification by the law enforcement officer that the facts set forth in the citation are true and correct to the officer’s personal knowledge, or information and belief, and that any false statements therein are made subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

    (B) The copy delivered to the defendant shall also contain a notice to the defendant:

    (1) that the original copy of the citation will be filed before the issuing authority of the magisterial district designated in the citation, the address and number of which shall be contained in the citation; and

    (2) that the defendant shall, within 10 days after issuance of the citation:

    (a) plead not guilty by:

    (i) notifying the proper issuing authority in writing of the plea and forwarding as collateral for appearance at trial an amount equal to the fine and costs specified in the citation, plus any additional fee required by law. If the amount is not specified, the defendant shall forward the sum of $50 as collateral for appearance at trial; or

    (ii) appearing before the proper issuing authority, entering the plea, and depositing such collateral for appearance at trial as the issuing authority shall require. If the defendant cannot afford to pay the collateral specified in the citation or the $50, the defendant must appear before the issuing authority to enter a plea; or

    (b) plead guilty by:

    (i) notifying the proper issuing authority in writing of the plea and forwarding an amount equal to the fine and costs when specified in the statute or ordinance, the amount of which shall be set forth in the citation; or

    (ii) appearing before the proper issuing authority for the entry of the plea and imposition of sentence, when the fine and costs are not specified in the citation or when required to appear pursuant to Rule 409(B)(3), 414(B)(3), or 424(B)(3); or

    (c) appear before the proper issuing authority to request consideration for inclusion in an accelerated rehabilitative disposition program;

    (3) that all checks forwarded for the fine and costs or for collateral shall be made payable to the magisterial district number set forth on the citation;

    (4) that failure to respond to the citation as provided above within the time specified:

    (a) shall result in the issuance of a summons when a violation of an ordinance or any parking offense is charged, or when the defendant is under 18 years of age, and in all other cases shall result in the issuance of a warrant for the arrest of the defendant; and

    (b) shall result in the suspension of the defendant’s driver’s license when a violation of the Vehicle Code is charged;

    (5) that failure to indicate a plea when forwarding an amount equal to the fine and costs specified on the citation shall result in a guilty plea being recorded; and

    (6) that, if the defendant is convicted or has pleaded guilty, the defendant may appeal within 30 days for a trial de novo.

    Comment
    A law enforcement officer may prepare, verify, and transmit a citation electronically. The law enforcement officer contemporaneously must give the defendant a paper copy of the citation containing all the information required by this rule. Nothing in this rule is intended to require the defendant to sign the citation.

    Paragraph (A)(3) requires the law enforcement officer who issues a citation to indicate on the citation if the defendant is a juvenile and, if so, whether the juvenile’s parents were notified. See the Judicial Code, 42 Pa.C.S. § 1522, concerning parental notification in certain summary cases involving juveniles.

    Paragraph (A)(8) requires the law enforcement officer who issues a citation to indicate on the citation whether criminal laboratory services are requested in the case. This information is necessary to inform the magisterial district judge that, in addition to any fines, restitution, or costs, the magisterial district judge may be required to sentence the defendant to pay a criminal laboratory user fee. See 42 Pa.C.S. § 1725.3 which requires that a defendant be sentenced to pay a criminal laboratory user fee in certain specified cases when laboratory services are required to prosecute the case.

    As provided in paragraph (B)(2)(b)(i), the defendant may plead guilty by mail only when the fine and costs are set forth in the citation. The law enforcement officer may specify the fine and costs in the citation only when the penalty provided by law does not include a possible sentence of imprisonment and the statute or ordinance fixes the specific amount for the fine.

    Paragraph (B)(4)(a) provides for notice to the defendant who is under 18 years of age that a summons will be issued if the defendant fails to respond to the citation.

    Paragraph (B)(4)(b) provides notice to the defendant that his or her license will be suspended if the defendant fails to respond to the citation or summons within the time specified in the rules. See 75 Pa.C.S. § 1533.

    Paragraph (B)(5) provides a uniform procedure for handling cases in which a defendant returns the fine and costs but fails to sign the citation and, therefore, does not indicate a plea. See Rule 407.

    Paragraph (B)(6) was amended in 2000 to make it clear in a summary criminal case that the defendant may file an appeal for a trial de novo following the entry of a guilty plea. See Rule 460 (Notice of Appeal).

    It is intended that the notice to the defendant, required by paragraph (B) to be on the copy of the citation delivered to the defendant, shall be simply worded so the plain meaning of the notice is easily understandable.

    Reply
  25. jack

    Mr. Redlich has done the hard part and provided everyone with the basis of the remedy. I get disgusted by the number of people coming here and asking for a flyer for their particular state or asking questions for their particular state.

    I think Mr. Redlich has gone beyond being generous.

    Why don’t you people go to the library or the internet and look up the statutes for your state for yourself instead of wanting someone else to do it.

    This will also get you started with learning how to research laws for yourself. When you do it yourself, you’ll have a better understanding of the law.

    The law will only work for you if you take the time to truly understand what it means.

    The flyer is not that difficult to create yourself, so please get off your asses and be productive.

    Reply
    1. wredlich Post author

      I’d say the smart thing is to talk to lawyers in your state and work with them to come up with a similar flyer. I’m happy to work with anyone on this and I do not claim copyright. Lawyers can slap their own number on the back and hand them out. I’d appreciate a link to FairDUI.org.

      Reply
    2. Ben

      I’m actually enjoying looking up these laws from different states and talking to lawyers, even some cops, from each state I’ve investigated so far. I’ve definitely learned a lot over the past year. Yeah there’s people who come here with a glorious absence of sophistication and initiative. But I appreciate doing it. It’s my little way of sticking it to the man by beating him over the head with his own rules. And if we can get more and more people to do it too…….who knows? 😉 😉

      Reply
  26. Kristan

    In Virginia I was arrested for sitting in a parking lot eating a salad with my keys in ignition. Someone from inside the gas station called and said they smelt alcohol on my breath. An officer parked at the gas pump behind me with no lights on and tapped on my window. In court he stated we engaged in mutual conversation and thats when he smelt alcohol on my breath. Instead of rolling the window down could I have used a version of this sign? I didnt realize i had the option of not responding. The dui was reduced to wreckless driving because of how the whole situation happened (implied consent, faulty feild equipment) but I still lost my job and served a few weekends in jail. I don’t promote drunk driving but i believe the punishment far outweighs the crime in certain situations that could be prevented by using this sign.

    Reply
  27. Ben

    Here’s Virginia! 😀

    Apparently Virginia has virtually the same laws as PA and UT in regards to issuing traffic citations. § 46.2-104 of VA is virtually the same as PA. If you just sign your name on a piece of paper in front of the officer that’s good enough. It doesn’t state to sign the citation itself. I would recommend to put on the back of both VA and PA flyers to have a pen a pad ready just in case. Also, essentially like UT, in VA, § 46.2-936, if you are detained or arrested for a traffic infraction that is considered punishable as a misdemeanor you are therefore required to sign. BOOYAH!! 😀

    § 46.2-104. Possession of registration cards; exhibiting registration card and licenses; failure to carry license or registration card.

    The operator of any motor vehicle, trailer, or semitrailer being operated on the highways in the Commonwealth, shall have in his possession: (i) the registration card issued by the Department or the registration card issued by the state or country in which the motor vehicle, trailer, or semitrailer is registered, and (ii) his driver’s license, learner’s permit, or temporary driver’s permit.

    The owner or operator of any motor vehicle, trailer, or semitrailer shall stop on the signal of any law-enforcement officer who is in uniform or shows his badge or other sign of authority and shall, on the officer’s request, exhibit his registration card, driver’s license, learner’s permit, or temporary driver’s permit and write his name in the presence of the officer, if so required, for the purpose of establishing his identity.

    Every person licensed by the Department as a driver or issued a learner’s or temporary driver’s permit who fails to carry his license or permit, and the registration card for the vehicle which he operates, shall be guilty of a traffic infraction and upon conviction punished by a fine of ten dollars. However, if any person summoned to appear before a court for failure to display his license, permit, or registration card presents, before the return date of the summons, to the court a license or permit issued to him prior to the time the summons was issued or a registration card, as the case may be, or appears pursuant to the summons and produces before the court a license or permit issued to him prior to the time the summons was issued or a registration card, as the case may be, he shall, upon payment of all applicable court costs, have complied with the provisions of this section.

    § 46.2-936. Arrest for misdemeanor; release on summons and promise to appear; right to demand hearing immediately or within twenty-four hours; issuance of warrant on request of officer for violations of §§ 46.2-301 and 46.2-302; refusal to promise to appear; violations.

    Whenever any person is detained by or in the custody of an arresting officer, including an arrest on a warrant, for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall, except as otherwise provided in § 46.2-940, take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Such time shall be at least five days after such arrest unless the person arrested demands an earlier hearing. Such person shall, if he so desires, have a right to an immediate hearing, or a hearing within twenty-four hours at a convenient hour, before a court having jurisdiction under this title within the county, city, or town wherein such offense was committed. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody.

    Notwithstanding the foregoing provisions of this section, if prior general approval has been granted by order of the general district court for the use of this section in cases involving violations of §§ 46.2-301 and 46.2-302, the arresting officer may take the person before the appropriate judicial officer of the county or city in which the violation occurred and make oath as to the offense and request issuance of a warrant. If a warrant is issued, the judicial officer shall proceed in accordance with the provisions of Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2.

    Notwithstanding any other provision of this section, in cases involving a violation of § 46.2-341.24 or § 46.2-341.31, the arresting officer shall take the person before a magistrate as provided in §§ 46.2-341.26:2 and 46.2-341.26:3. The magistrate may issue either a summons or a warrant as he shall deem proper.

    Any person refusing to give such written promise to appear under the provisions of this section shall be taken immediately by the arresting officer before a magistrate or other issuing officer having jurisdiction who shall proceed according to the provisions of § 46.2-940.

    Any person who willfully violates his written promise to appear, given in accordance with this section, shall be treated in accordance with the provisions of § 46.2-938.

    Any officer violating any of the provisions of this section shall be guilty of misconduct in office and subject to removal therefrom upon complaint filed by any person in a court of competent jurisdiction. This section shall not be construed to limit the removal of a law-enforcement officer for other misconduct in office.

    Reply
  28. Alex Miller

    Bounced here via facebook articles/commentary. Love everything about this getting national attention.

    Don’t know in what capacity I can volunteer my time, but consider it volunteered.

    I’ve long wanted to get involved in ‘rights protection’/support for those dealing with DWI stops and convictions.

    – Alex (in Missouri)

    Reply
  29. Ben

    Here’s North Carolina! 🙂

    § 15A-302. Citation.

    (a) Definition. – A citation is a directive, issued by a law enforcement officer or other person authorized by statute, that a person appear in court and answer a misdemeanor or infraction charge or charges.

    (b) When Issued. – An officer may issue a citation to any person who he has probable cause to believe has committed a misdemeanor or infraction.

    (c) Contents. – The citation must:

    (1) Identify the crime charged, including the date, and where material, identify the property and other persons involved,

    (2) Contain the name and address of the person cited, or other identification if that cannot be ascertained,

    (3) Identify the officer issuing the citation, and

    (4) Cite the person to whom issued to appear in a designated court, at a designated time and date.

    (d) Service. – A copy of the citation shall be delivered to the person cited who may sign a receipt on the original which shall thereafter be filed with the clerk by the officer. If the cited person refuses to sign, the officer shall certify delivery of the citation by signing the original, which shall thereafter be filed with the clerk. Failure of the person cited to sign the citation shall not constitute grounds for his arrest or the requirement that he post a bond. When a citation is issued for a parking offense, a copy shall be delivered to the operator of a vehicle who is present at the time of service, or shall be delivered to the registered owner of the vehicle if the operator is not present by affixing a copy of the citation to the vehicle in a conspicuous place.

    (e) Dismissal by Prosecutor. – If the prosecutor finds that no crime or infraction is charged in the citation, or that there is insufficient evidence to warrant prosecution, he may dismiss the charge and so notify the person cited. An appropriate entry must be made in the records of the clerk. It is not necessary to enter the dismissal in open court or to obtain consent of the judge.

    (f) Citation No Bar to Criminal Summons or Warrant. – If the offense is a misdemeanor, a criminal summons or a warrant may issue notwithstanding the prior issuance of a citation for the same offense. If a defendant fails to appear in court as directed by a citation that charges the defendant with a misdemeanor, an order for arrest for failure to appear may be issued by a judicial official.

    (g) Preparation of Form. – The form and content of the citation is as prescribed by the Administrative Officer of the Courts. The form of citation used for violation of the motor vehicle laws must contain a notice that the driving privilege of the person cited may be revoked for failure to appear as cited, and must be prepared as provided in G.S. 7A-148(b).

    § 20-29. Surrender of license.

    Any person operating or in charge of a motor vehicle, when requested by an officer in uniform, or, in the event of accident in which the vehicle which he is operating or in charge of shall be involved, when requested by any other person, who shall refuse to write his name for the purpose of identification or to give his name and address and the name and address of the owner of such vehicle, or who shall give a false name or address, or who shall refuse, on demand of such officer or such other person, to produce his license and exhibit same to such officer or such other person for the purpose of examination, or who shall refuse to surrender his license on demand of the Division, or fail to produce same when requested by a court of this State, shall be guilty of a Class 2 misdemeanor. Pickup notices for drivers’ licenses or revocation or suspension of license notices and orders or demands issued by the Division for the surrender of such licenses may be served and executed by patrolmen or other peace officers or may be served in accordance with G.S. 20-48. Patrolmen and peace officers, while serving and executing such notices, orders and demands, shall have all the power and authority possessed by peace officers when serving the executing warrants charging violations of the criminal laws of the State.

    Well § 20-29 is kind of a double edge sword. You can just exhibit your license through the window BUT if, and only if, the officer demands that you surrender your license you are then, required by this law, gonna have to fork it over.

    REMEMBER!! This flyer is not for everyone!
    **If you researched your state’s laws thoroughly, consulted with some lawyers, and use good common sense you should know how to handle the situation properly. (emphasis)**

    Reply
  30. Paige

    I already see requests in the comments for Tennessee, and when you do have a link available, I will be sure to share this information! Thank you so much for trying to help people.

    Reply
  31. Ben

    ♫♫ Country roooads, take me hooome ,to the plaaaace, I beloooong, WEST VIRGINIA! Mountain mamaaaa, take me hoooome, country rooooads. ♫♫ Yes, I was playing this song the entire time I was searching. ;-P

    §17B-2-9. License to be carried and exhibited on demand; penalty.
    (a) Every licensee shall have his or her driver’s license in such person’s immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a magistrate, municipal judge, circuit court judge, peace officer, or an employee of the division.
    (b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars: Provided, That no person charged with violating this section shall be convicted if such person produces in court or at the office of the arresting officer a driver’s license issued to such person and valid at the time of such person’s arrest.

    §62-1-5a. Citation in lieu of arrest; failure to appear.
    A law-enforcement officer may issue a citation instead of making an arrest for the following offenses, if there are reasonable grounds to believe that the person being cited will appear to answer the charge:
    (1) Any misdemeanor, not involving injury to the person, committed in a law-enforcement officer’s presence: Provided, That the officer may arrest the person if he has reasonable grounds to believe that the person is likely to cause serious harm to himself or others; and

    (2) When any person is being detained for the purpose of investigating whether such person has committed or attempted to commit shoplifting, pursuant to section four, article three-a, chapter sixty-one of this code.

    The citation shall provide that the defendant shall appear within a designated time.

    If the defendant fails to appear in response to the citation or if there are reasonable grounds to believe that he will not appear, a complaint may be made and a warrant shall issue. When a physical arrest is made and a citation is issued in relation to the same offense the officer shall mark on the citation, in the place specified for court appearance date, the word “arrested” in lieu of the date of court appearance.

    Nothing in § 62-15a states you have to sign a citation in WV. BOOYAH! 😀

    Reply
  32. Conrad Bekker

    Warren, I admire your work, but i’d like to say that cops do perjure themselves in court routinely, erase cellphone footage and i don’t see any way out in that scenario. I’ve seen it too many times. A judge will usually side with the prosecution on the testimony of a police officer. Without video evidence, you can’t win. If the officer demands your camera or cell-phone, under threat of arrest, you had better comply. Then he will erase the footage. Evidence gone, your word against his and he can make up a lie. They can fabricate evidence for purposes of arrest in some cases as well. It is clear that a police officer today’s society is practically immune from punishment both criminally and civilly. I look forward to your response on this web-site.

    Reply
    1. Bill

      Yes chips can demand your cell phone but there are ways to recovery the video but better than that hit or miss technique when recording police you should always be using a video recorder like bambuser. That records while your phone is locked as well as streams live to a private storage area. I have mine set up so at the competition of the video it uploads to Facebook and youtube.

      Reply
  33. Paul

    Mr. Redlich:
    Please clarify for me the statutes cited in your flyer. I looked up both statutes (2015) and they both say that you must show your license and that you are indeed required to sigh a citation. I am a Florida resident and would like to know the correct version. You can email your response.

    Thanks

    Reply
  34. Tony Beers

    Hi, I asked for one for Maine awhile back and still don’t see one yet. When can we get one for up here? 🙂

    Reply
  35. M@D-M@X

    Question:
    On your flyer you state that:
    “I’m not required to hand you my license – SS 322.15”

    When I looked it up it states:
    322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation.—
    (1) Every licensee shall have his or her driver license, which must be fully legible with no portion of such license faded, altered, mutilated, or defaced, in his or her immediate possession at all times when operating a motor vehicle and shall present or submit the same upon the demand of a law enforcement officer or an authorized representative of the department.

    I my missing something or did the statute changed?

    Thx…

    Reply
    1. Ray Raddatz

      @M@D-M@X

      Being required to carry and exhibit your license isn’t the same as being required to hand your license to an officer.

      Reply

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