Today we added flyers for Georgia and South Carolina. All flyers are on the Fair DUI Flyer page, and the new ones are here as well.
Our friends at Cop Block Central Florida successfully used the Fair DUI Flyer in a checkpoint in Pinellas County:
Note that the length of time officers kept them was probably enough to be a constitutional violations. Checkpoint stops are supposed to be much briefer than this.
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.
Here’s a classic nonsense story from the mainstream media: NBC – Pot fuels drugged riving deaths.
And here’s the quote that shows the stupidity:
Cannabinol, a remnant of marijuana, was found in 12.2 percent of those deceased drivers during 2010, (up from 4.2 percent in 1999).
Cannabinol is weak. It is a “metabolite” of THC, the result of what happens after the body breaks down THC. It is far less likely to cause impairment, if THC even causes impairment. So this statistic shows a tripling of a non-impairing substance in the blood of deceased drivers.
Thank you NBC and mainstream media for misleading the public. Again.
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:
The Dallas Morning News complains about a 16-year-old who caused four deaths in a DUI crash, getting probation rather than a 20-year jail sentence.
The writer, @MikeHashimoto, comes to the wrong conclusion:
Despite all the death in his wake, Ethan Couch didn’t learn a thing he didn’t already know: It’s far better to come from that wealthy place where actions seldom have those nasty old consequences. That’s for other folks.
The problem is not that the judge was lenient on this wealthy teen. The problem, rather, is how harshly our so-called justice system treats other folks. Ten years of probation, with treatment, seems a sound approach for any 16-year-old who’s had an incident like this.