Maryland State Police Agree With Fair DUI Method

Video of the Fair DUI interview with Fox 45 Baltimore is below. Notably the reporter spoke with the Maryland State Police and they agreed that a motorist only has to stop at a checkpoint and does not have to roll the window down.

Unfortunately it appears Fox 45 has deleted the video. We can’t find it.

A Letter From a Jersey Jackass

Fair DUI founder Warren Redlich received this letter, with no name and no return address. All we can tell from the postage stamp is that it was sent from New Jersey, somewhere near but not in Newark (a zip code starting with 070).

jersey-jackass

Let’s break this down. First of all, we are not playing. Asserting your constitutional rights is not a game.

Second, the writer’s statement that “more people are murdered by drunk drivers than pulled over and arrested for false drunk driving charges” is false, both as written and as the writer probably intends. The term murder is incorrect. Most DUI homicide charges are for manslaughter rather than murder. Murder is usually used for intentional crimes rather than accidents (whether intoxicated or otherwise).

But even if you go with deaths caused by drunk driving, the latest number we have from a biased MADD-like source is just over 10,000 in 2013. As we understand how that number is determined, it includes any case where someone died in a car accident and alcohol was involved. For example it includes when a drunk pedestrian is hit and killed by a sober driver.

But this is incorrect and misleading because alcohol is only one of several factors that contribute to crashes involving drinking drivers. Furthermore, some fatally injured people in alcohol-related crashes are pedestrians with positive BACs, and these fatalities still would occur even if every driver were sober.

In other words, the number of fatalities caused by “drunk drivers” (we can argue over whether 0.08 is really drunk) is significantly lower than that 10,000 figure. Meanwhile police in the US make about 1.5 million DUI arrests per year. If only 1% of those arrests are wrong, that’s 15,000 people. It is this author’s opinion that more than 10% of DUI arrests are wrong and that’s over 150,000 people.

In Florida a large number of DUI arrestees who take breath tests blow a legal BAC. They are nevertheless charged with DUI and their neighbors see their mugshots on the internet. Breath tests themselves are highly unreliable. DUI charges based on drugs are wrong even more often. It is very difficult to prove that the drugs in the driver’s system caused any meaningful impairment, generally because most drugs do not cause meaningful impairment. Even the popular notion that marijuana causes impairment is widely disputed.

Jersey Jackass suggests that we “create a video showing what it is like to be pulled over while driving drunk, … the aftermath of a fatal car accident caused by a drunk driver,” etc.

There is no shortage of such videos. They hyperbolic excess of anti-DUI videos put out by government and special interests like MADD is more than enough. There is, however, a shortage of good videos and other information about how innocent people can protect themselves from false DUI charges.

If Jersey Jackass had bothered to read my Fair DUI book (it’s only 99 cents on Kindle) he’d see that the first substantive chapter (after the introduction) talks extensively about not drinking and driving at all. It offers practical tips to avoid drinking and driving, far better than the idiotic advice we hear all the time from critics. You can see that without even buying the book by looking at the free preview part on Amazon.

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We frequently hear people say that if you’re drunk you should call a cab. While we agree that would be good, it is not reasonable to expect drunk people to make good decisions. The book talks about good decisions to make while sober that prevent you from having the opportunity to make bad decisions while drunk.

Next up the Jersey Jackass suggests that we should “show some respect to the police by allowing them to do their job.”

The flyer we use does exactly that. There are plenty of videos out there where drivers talk rudely to police or say otherwise inappropriate things. Those videos were actually part of the motivation for creating the flyer. My “favorite” of these is when someone asks a police officer: “Am I being detained?” Another is when the person asks: “Am I required to answer that question?” The flyer offers a much better approach.

We are not anti-police. Some of my best friends are cops and I’ve discussed both the flyer and the book with them. One of them read the whole book for me before I published it and offered constructive criticism.

The flyer asserts the driver’s rights for him without him having to speak, and it gives clear instructions to the officer about the law in that state. This is designed to help the officer follow the law and the Constitution while carrying out his or her duty.

Jersey Jackass goes on to suggest: “If … a police officer’s arrest is questionable, the individual can hire a lawyer. Isn’t that what you do?”

Sure. If there are more arrests guys like me make more money. I am arguing against my own financial interest.

But it is not always true that “the individual can hire a lawyer.” I’ve talked with many arrestees who cannot afford me. Hiring a lawyer to fight a false DUI charge is not cheap. You can expect it to cost at least $5000 and probably $10K or more. Even if you win, they don’t unarrest you. Your mugshot is still out there. Your neighbors still know you were arrested and may not know you won.

Last is Jersey Jackass’ swipe at lawyers:

“You don’t see police officers handing out flyers educating the public that lawyers are lying scumbags, twist the truth, withhold evidence, and encourage their clients and witnesses to lie on the stand …”

This is part of why we’re not anti-police. Most cops know that the above is nonsense. They respect us and we respect them. In 20 years as an attorney I’ve never once seen an attorney encourage a client or witness to lie on the stand. Are lawyers perfect? Of course not. Neither are police.

It’s not clear why Jersey Jackass kept himself anonymous. Perhaps he just didn’t want to see the response. Because that might require an open mind, and he doesn’t have one.

Video: Fair DUI Founder in Miami Checkpoint

Fair DUI founder Warren Redlich used the Fair DUI flyer in a Miami checkpoint earlier this week. As we hoped, it was a success. Skip ahead to 1:30 into the video to get to the heart of it.

Accompanying me on the trip inside the car was Carlos Miller of Photography is Not a Crime. Also with us was Taylor Hardy of PINAC. He was outside monitoring the checkpoint with another camera.

Ultimately Carlos and Taylor will put together a better video because they had better equipment and they’re much more skilled. This video is just a short and simple attempt to capture what happened.

The flyer we used is for Florida, and can be seen below.

flyer-florida

Fair DUI Book Tops 20 Reviews

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We’re pleased to report that our Fair DUI book has now gone over 20 reviews. Amazon shows 21 reviews with an average of 4.6 stars out of 5. Fifteen of the reviews were 5-stars and only one review was lower than 4.

The latest reviews?

very informative, and a must read, especially for those who even go out to dinner and have just one glass of wine.

Highly recommend this, as they explain why the field sobriety tests are rigged, and how the system takes away the ‘innocent until proven guilty’ guarantee under the constitution.

Excellent write-up on what to expect and what to know if you are ever stopped for DUI or suspicion of DUI. Bottom line – MADD is truly out-of-control and needs to be slapped down.

I gave this book five stars because of its truthful, balanced, and informational content. It is not a book designed to help a drunk driver beat the system, but rather to educate every driver about the black hole that is almost impossible to claw out from once he or she is arrested for the suspected presence of alcohol. Redlich consistently urges the reader to not drink and drive at all. At the same time, his advice and educational stance about the ‘justice’ system and particularly the relentless pressures of MADD are very important reading for any citizen who values his rights.

Here’s what the most negative review, a “2” had to say:

The layout, content and writing is great. Certainly Mr. Redlich is a seasoned and very competent attorney and obviously a good businessman if you are reading this review. However, I wouldn’t recommend spending money on this book. The same information is available by reading FAQ sections on a few DUI attorney websites. There is nothing profound that makes the purchase worthwhile.

While we appreciate the compliments, we respectfully disagree with the last two sentences. Few DUI attorney websites have the depth of information we have and it’s hard to know if the one you’re reading is accurate. Fair DUI, on the other hand, has great reviews on Amazon to show our quality. It is the best-reviewed and most likely the best-selling book about DUI on Amazon – it is the #1 result if you search Amazon for “dui”.

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You can buy Fair DUI for only 99 cents on Kindle, or under $5 in paperback. Look at the reviews. It’s worth it.

Flyer for Illinois

Please note that we’ve restructured the site to include a state-by-state directory. Click the following for the Illinois DUI page.

We’ve had many requests for Illinois, so here it is:

Fair DUI Flyer-Illinois-front

Fair DUI Flyer-Illinois.back

Fair DUI Flyer-Illinois – PDF


In the comments (below) a reader makes an excellent point. Illinois law requires the driver to “surrender” the license by handing it over. We still suggest keeping the window closed and showing the license to the officer by pressing it up against the window.

Why? First, the officer doesn’t need to hold the license in his or her hands. And most officers will not know about the language of the statute.

Second, even if the officer does know it still puts him in a difficult position. If you refuse to open the window, does he smash the window in? That creates a real problem for the officer because it’s a serious risk of an excessive force lawsuit and there is at least one case saying it is excessive force.

So as a driver you have to make a choice. If the officer orders you to hand over your license, it is a lawful order. You should obey the law. At this point you have to make your own choice. Do you have other concerns that outweigh obedience to this law and its consequences.

One argument is that the law itself is an unconstitutional infringement of your Fourth Amendment right to be free from unreasonable search and seizure. The government’s minimal interest in physically holding your license does not outweigh your much greater constitutional right.

If you believe you are at risk for a DUI charge or perhaps a drug charge, the benefit of refusing to roll down your window may outweigh the consequences.

There is a third way. When you get stopped but before the officer reaches your window, tape your license to the outside of your window. Now he can get it without you having to roll the window down. It may be difficult to do this but if you can prepare ahead of time it might help.