We’ve added flyers now for:
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.
The front of the PA flyer is below. Please click the above links to go to each state page and see the new flyers.
The good news is:
1. Neither state requires tickets be signed.
2. Both states use clear language indicating you have to display or exhibit your license, not hand it over.
But as always, we recommend discussing this with a lawyer in your home state before using the flyer.
Now that the media burst is over, we’re back to work. We’ve added two new states and two new videos.
First up, above, is the front of the North Carolina flyer. See the whole thing including the pdf of it on our North Carolina DUI page.
We also added Virginia which is a tricky state because of a statutory issue about police demanding a “written promise” to appear on the ticket. So we added a written promise on the front of the card. That’s potential for a big argument but sooner or later we’ll find out the hard way how that works.
Here’s a link: Virginia DUI page.
We are also working on a smart phone app that would allow drivers to digitally sign tickets, including this kind of written promise. We’ll update when that’s ready.
We’ve also started a serious of videos about the flyer, and we did the first two of them.
First, we did a video talking about who should use the flyer and who should not:
The second video talks about the difference between a police order and a request, and how you should deal with both:
They liked us so much they had us back on the next day. Here’s our second interview with Dr. Drew and Mike Catherwood on KABC radio in Los Angeles. Warren comes in around 4-5 minutes into the hour.
Thanks to Jeff Van Treese for having us on with former federal prosecutor David Weinstein. We talked about checkpoints in some detail including the flyer. The conversation is below:
Offending people across the political spectrum. Today we were on both Fox News and Huff Post Live. Huff Po is below, though of course it’s no longer live. Segment starts at 12:45 into the video. Maybe 12:55.