Fair DUI Wins in Miami – The Decision

It was not the home run we were hoping for but we did record a win. The pdf of the court’s decision is at the bottom of this post.

We were, of course, hoping the court might rule on whether a driver is required to physically hand over the drivers license. They didn’t get there – and we’re not surprised.

The case was originally dismissed on the first appearance. Then a municipal attorney from the City of Coral Gables made a motion to reopen the case.

We argued, successfully, that municipal attorneys have no authority to prosecute state statutes.

Download (PDF, 1.32MB)

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10 thoughts on “Fair DUI Wins in Miami – The Decision

  1. edkemper

    A great win none the less. This ticket was just a ticket called and asshole ticket. Normally used to ticket civilian idiots. In this case, it was clearly just retaliatory for not showing what he considered the proper respect for his badge. Scum that threatens the health of the rest of his own community.

    Reply
  2. Kevin

    Great job guys. A win on the merits would have been better but, chalk one up for the good guys. Any chance that cop could get in trouble for perjury about the hologram thing? I already know the answer but how do they get away with that?

    Reply
  3. Beach Boui

    Gungho, over zealous, dictatorial assholes will always try to bend the rules to egregious level to achieve their own corrup goals. I’m glad for the win on your case, but wish the bigger issue could have been tried. You at least got their attention.

    Reply
  4. Tom

    Hello, I like that you are interested in protecting people’s rights. It is a breath of fresh air.

    I see that this is focus is on DUI checkpoints. There are not a lot of these in Oregon. In fact, I have not seen any in 25 years.

    So my question is, if I am pulled over for broken brake light, speeding, etc… has the sign been tested in these environments? Would it be OK to use such a sign in situations other than DUI checkpoints?

    Reply
    1. Steel T Post

      This flyer is for use in suspicionless checkpoints, not detainment with a reasonable articulable suspicion.

      Reply
  5. George

    Question? Will you now be suing over the arrest? The illegal search? Or, at least to recover your cost to defend yourself?

    Reply
  6. Scott

    Any feed-back on the question from George?

    George
    January 22, 2017 at 7:16 pm
    Question? Will you now be suing over the arrest? The illegal search? Or, at least to recover your cost to defend yourself?

    Reply
    1. George

      I haven’t gotten any yet Scott. It’s my theory that if it doesn’t cost them (law enforcement) any thing. They would have no incentive not to stop.
      I’m wondering if we could get enough people on board to sue the state, governor, and our local sheriffs over the right to travel. In the cases of Chicago motor coach vs Chicago, Reno vs Navada, Thompson vs Smith, it is made clear that commuting in your privately owned automobile is covered under the right to Life, Liberty, and Pursuit of Happiness. There are cases all over the country also proving registration requirements, and auto insurance are also unconstitutional in they put restrictions on your right to travel. Apparently a man named Charles Staple during the time governor of California was Ronald Reagan attempted to sue the state, governor, and local sheriffs. They tried to get the law suits tossed as frivolous. Judge couldn’t toss them because of previous court cases dealing with the same matter. They finally gave in and told Mr. Staple he could drive without a license. I believe the same would happen in a class action suit as well. But in this case it would be so well known that the state will not be able to welch on the deal like they did to mr. staple years later.

      Reply
  7. Scott

    Great information George. These types of cases are very interesting to me as a ‘classical liberal’ (what many now term libertarian). I’ll be keeping an eye on your twitter feed @FairDUI.

    Reply
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