Category Archives: Florida

Fair DUI Flyer Used in Broward County, Florida

Our friends at Cop Block Central Florida used the Fair DUI Flyer when they encountered police officers during a visit to Broward County.

We are happy to see when people use the flyer and love that they took video. But it’s important to note that they did not follow the instructions on the card.

The video is below, and the action starts around 5:55 in.

What did they get wrong?

1. They talked.

When you use this flyer, you should not talk at all. Not a single word. By talking you give the police the opportunity to claim your speech sounded impaired or slurred, and they will use that as an excuse for intensifying the encounter.

2. They had their window partially open.

When you use this flyer, you should keep your window completely shut. If a police officer forces you to open the window, they’ve crossed the Fourth Amendment line and your lawyer should be able to win your case based on that – especially if you’ve recorded the encounter.

What counts as force? If the officer says: “I’m ordering you to open the window,” then he or she has crossed the line. If the officer threatens you or threatens to break the window, that’s crossing the line.

Once the officer has crossed that line (make sure it’s clear) then you can open the window and a good lawyer will use that to get suppression of any evidence that comes afterward.

On the other hand you could continue to refuse to open the window and make the officer force it open by breaking it or other means. We don’t recommend being that confrontational to most people, but if you’re looking for a civil rights lawsuit or just to make an extreme YouTube video, you could go that route.

3. Have your license ready.

It’s hard to tell from the video, but it looked like the driver did not have his paperwork ready to show the officer. In Florida where this occurred, state law requires you to show (not give, but show) your license, registration and insurance to the officer. Most states have similar laws. We recommend putting these documents up against the window so the officer can see them.

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Fair DUI Flyer in Florida Checkpoint

Our friends at Honor Your Oath used the Fair DUI flyer in a checkpoint in Gainesville, Florida. Here’s the video, with some explanation at the beginning:

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Interview on Liberty Underground Show

Fair DUI author and founder Warren Redlich was interviewed this morning on the Liberty Underground Show on the 1787 Network. The video is below, showing the hosts. The interview with Warren (appearing by phone only) starts around 27 minutes and 30 seconds in.

Thanks to Alexander Snitker for putting us on the show. He is a leader of the Libertarian Party in Florida.

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Fair DUI Flyer in Action

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We’re pleased to report that the Fair DUI Flyer has been successfully used at a DUI checkpoint in Florida. See the video from Jeff Gray on his Honor Your Oath YouTube Channel, below:

The card is displayed in the video initially at 40 seconds in.

The first pass through the checkpoint begins at 2:16 in.

There’s more in the video but those are the key points.

We enjoyed seeing them in action but have a couple of suggestions about how to use them in the future.

The driver opened the window a crack, handed his license to the officer, and spoke with him. This is not what I recommend.

First, the idea behind remaining silent is that you remain silent. That means not talking – not a single word. While that may make the encounter more uncomfortable (both for you and the officer), I really mean it. The moment you say a single word you give the officer the opportunity to claim that your speech is impaired, slurred, or otherwise an indication of intoxication. They will use that as an excuse to elevate the level of the encounter and get you out of the car for a more involved (and unpleasant) investigation.

Even if your speech is fine, some officers will claim it wasn’t. And even if you’ve recorded the encounter, this issue is resolved by a judge, not a jury. In my experience judges may accept an officer’s word over the sound quality of a recording. But it’s much harder for a judge to find the officer credible if he claims you had impaired speech and the recording shows you didn’t say anything at all.

Second, you should not open your window at all. In the video the driver does so to hand his license to the officer and also to be better able to record the officer’s voice for the recording. You do not have to hand your license to the officer in Florida, and the same is true in New York, California and at least a few other states (check with lawyer in your home state to be sure). The law only requires you to show, display, or exhibit your documents to the officer. So you can press these items up against the window so the officer can see them. It’s a good idea to have them ready so that you don’t have to look around for them.

Similar to the “impaired speech” issue, once you open your window the officer can claim he smelled something from the inside of your car. Your video and audio recording is incapable of contradicting that. The way I usually hear officers say it in court: “I detected the odor of alcoholic beverage.”

It’s often phony. Who talks like that? And what is the “odor of alcoholic beverage”? Because the various forms of such drinks smell quite different. When I ask police on the stand what it smelled like, the most common answer they give is: “It smelled like alcohol.” On further questioning they’ll admit that alcohol is odorless. Fun for me as your lawyer, but if you get to that point you’re not a happy camper.

Do not give police the opportunity to create evidence against you. Keep both your mouth and your window shut.

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Tampa Prosecutor Makes The Right Call

Screen Shot 2013-10-17 at 12.58.44 AMTampa prosecutors are dropping dozens of cases connected to a compromised police supervisor. Read more at MyFox Tampa Bay.

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Tone-Deaf Media on DUI

The Miami Herald sets a new low in the media being tone-deaf when it comes to DUI stories.

On Sunday the Herald had an article headlined DUI arrests down – way down – in Miami Beach. Reporter David Ovalle writes with a negative tone that DUI arrests in Miami Beach have “plunged” from 1300 in 2009 to 492 in 2012, and are on a pace for less than 450 in 2013.

Ovalle of course turns to MADD for a delightful quote:

“Obviously, it’s very frustrating for MADD. It’s so sad,” said Janet Mondshein, executive director of Miami’s chapter of Mothers Against Drunk Driving …. “If this continues, more people will die.”

Ovalle then blames police priorities:

Officers sometimes must forgo DUI stops to target other crime trends plaguing the city.

Followers of Fair DUI will note that we don’t always say nice things about police management, but here we applaud the Miami Beach police department for noticing that resources should be devoted to more serious crimes, especially ones with actual victims (as opposed to the potential victims of an impaired driver).

Miami Beach brass admits that officers who made DUI arrests their “niche” have in some cases been redirected. And rightfully so, said Miami Beach Deputy Chief Mark Overton.

“That’s not a good use of police resources, to have a guy sitting on an establishment that sells alcohol and waiting for people to come out. I don’t know if that was happening before, but that’s not what we’re focusing on,” Overton said.

“We don’t want our guys sandbagging bars.”

While Ovalle’s article does have some balance, overall he fails to challenge MADD’s illogic. This quote is a great example:

Has the message finally sunk in that drinking and driving is a deadly combination? Hardly. The number of traffic wrecks in Miami-Dade linked to drinking has remained level.

Think about this: The number of DUI arrests “plunged” as Ovalle put it, from 1300 to under and heading under 450, a 66% drop. But the number of alleged DUI crashes didn’t go up. Ovalle uncritically and prominently quotes MADD as saying “more people will die” when the number of accidents did not increase at all.

To Mr. Ovalle, the Miami Herald, and the media in general – It’s time to challenge MADD on its illogical approach to drunk driving.

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DUI Flyer – Second Draft

Here’s the second and possibly final draft of our Florida flyer. Hopefully we will go to print soon.
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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.
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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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