When to Roll Down Your Window

roll-down-window

The law behind whether and when you should roll down your window is a bit complicated. At Fair DUI we recommend not rolling down your window initially, and holding up the Fair DUI flyer pressed against the window so the officer can read it.

This surprises a lot of people and is counter to advice we’ve seen from groups like the ACLU. They often recommend rolling down your window at least a crack. At bottom you can see the great video, Busted: A Citizen’s Guide to Police Encounters. We agree with much of what you see in the video, but we believe you should only roll down your window when the officer orders you to do so.

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One thought on “When to Roll Down Your Window

  1. Linton Alford

    Florida law enforcement…here in the poorer counties of the panhandle they’re a new gestapo. You do the flyer, you go directly to jail.. and not just on traffic stops.. below is a true story that happened to me a couple of years ago.. I am afraid to even sue because all the attorneys in my county is on intimate terms with ALL the officers but if one of you know a attorney who has the balls to sue..send them my way..ok here’s the facts of what happened…
    A Holmes County sheriff officer (Sgt Rollins) came to my residence at or about midnight knocking loudly on my door stating he had a Holmes county and Washington county warrant for my arrest. I obeyed all orders given and was hand cuffed and lead outside where I kept asking what I was being arrested for and if I could see the warrant. He could not produce a warrant and while I sat cuffed he radioed in to the Sheriff’s Office for warrant information. He was told that there was no warrant for my arrest in Holmes county. He then got agitated and demanded they check Washington county even though I kept telling him I never been to Washington county. That search also came up negative. He then placed me in his vehicle cuffed and proceeded to transport me to the jail where the dispatch was located. This was witnessed by one Heather Bauman. While in route he radioed dispatch to run me through all county systems. Once we had gotten to the jail he was notified that I did have a warrant recently put out by Walton county for a misdemeanor of bad check. I told him if I could make a call and I would send someone straight away to pay Walton county and have the check taken care of. I did place the call, the check was paid and warrant recalled. But even though it was paid, I was also told that I was being held because I still needed to see the judge later in the morning before being released. This was witnessed by jail officer Sheila Shelley and she will testify for me. Later, officer Shelley called me over to show me that officer Rollins had placed a posted note in my file stating “Do not release! I will have SOMETHING on him before first appearance!” I went to first appearance and was told I was being held for Walton county on worthless check even though that was taken care of earlier and warrant was recalled and also being held because the court was going to issue a warrant for failure to pay child support within the next few weeks (witnessed by officer Kersey, Shelley, Rollins, and the jail lieutenant)..I was held for over a month enduring solitary confinement and punishment without any arrest warrant issued! Then after a month in confinement, Holmes county did issue a warrant for my arrest for failure to pay child support. I was called in to the jail administrators office by administrator officer Greg Yancy where I was told that a new charge of child support had been issued by Holmes county and he had to arrest me on that charge. I notified him that THAT I was being held without a charge but was told that a child support charge was coming in the future and if the warrant was just issued then why have been being held for over a month in the first place..he was shocked and I was told that they couldn’t do that it’s illegal and he would check my story out. Also witnessed by officer Shelley who will testify to that fact. After checking the facts officer Yancey did in fact confirm that I was being held illegally but I was told since he now had a warrant he didn’t know what he could do for me but he would check..so after that I was held a additional 4 and a half months before I ever had a hearing or saw a attorney. I later was told by officer Shelley that my ex wife who had remarried into the Sheriff’s family had went to the sheriff and complained to him about me and she incorrectly informed him I had warrants in Holmes and Washington counties..and instead of checking, sheriff Dennis Lee sent Officer Rollins to my house with the order to arrest me..there was no warrant at the time and I have been constantly harassed in Holmes county until I have had to move here to Panama city. I have many many other witnesses to this and this type of activity is not a uncommon occurrence here.

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