Oklahoma Police Captain Lies About Fair DUI Flyer

Oklahoma City news anchor Amanda Taylor did a story last night about whether the Fair DUI flyer would work in Oklahoma.

In that story she quoted Captain Curt McKean:

“There are those who are going to test you from time to time,” said Captain Kurt McKean with the Oklahoma Highway Patrol. “Circumventing a checkpoint by holding your driver’s license in the window will not work.”

McKean is the statewide impairment driving enforcement coordinator with the OHP and works DUI checkpoints throughout Oklahoma. He says the law requires you to physically hand over your information.

“State law in the state of Oklahoma, Title 47, requires you any time that you’re stopped by a police officer, not just a state trooper, any law enforcement officer in the state of Oklahoma, you’re required to present a driver’s license and a valid ID,” Capt. McKean said. “We need to physically look at that driver’s license to make sure it’s not been altered, to make sure it actually is their driver’s license.”

We’re sorry to report that Capt. McKean is lying. Oklahoma’s Title 47 does not require drivers to “physically hand over” documents. Title 47, Section 6-112 states:

Every licensee shall have his or her driver license in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon demand of a peace officer.

The statute says “display.” In some states the laws require drivers to “surrender” their documents. While we believe such statutes unconstitutionally infringe on the Fourth Amendment, that doesn’t matter in Oklahoma because the statute doesn’t say it.

Inspired by this story, we have created a Fair DUI flyer for Oklahoma. As always, we encourage drivers to discuss this with a local attorney before using it.

Fair DUI Flyer-Oklahoma-front

10 replies on “Oklahoma Police Captain Lies About Fair DUI Flyer”

  1. If a citizen wanted to research their own state’s statue on this issue, where would he or she start? After said research, how would that state be published in your “state directory”?

  2. I have been trying to find a video that my friends and family keep telling me that has been aired on tv and discussed on the radio that shows a couple, with a child in the back seat, being pulled over for speeding and the driver uses the flyer with his license, registration, and insurance in a bag pressed against his closed window. The cop repeatedly tolled him to roll his window down and the driver kept motioning to the flyer. Eventually the cop had enough and broke his window in and dragged him out of the car.

    Now I have yet to see this video and I have searched every where for it and have not found it. My friends and family said it happened here in FL and it was aired on the news. I checked fox, msn, nbc, cnn and found nothing. I know my friends and family wouldn’t lie because they told me on separate occasions and some of my friends and family never met each other and they all told me the same story.

    The only logical reason, I can think of, that this video can’t be found and that it is no longer aired on tv and the internet is that there must of been HUGE legal repercussions afterwards in favor of the family that was pulled over and “they” don’t anyone to know about it.

    But if anyone can find this alleged video and what happened after pleas let us now. Knowledge is power!

  3. Flyer or no flyer, he refused to roll his window down and refused to present his DL. Flyer or no flyer, he was told that the law required him to roll down his window and present his DL. Flyer or no flyer, he got his window smashed in front of his wife filming the incident and two kids in the backseat. Flyer or no flyer, he was in the wrong.

  4. The flyer tells you to show your license and the flyer through the window. If the driver didn’t do that then he didn’t follow the instructions.

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