Maryland DUI/DWI

Fair DUI Flyer-Maryland-front

Maryland is a tricky state for using the Fair DUI Flyer. There are two problems.

First, Maryland law says you’re required to physically hand over your documents to the police in a traffic encounter. At Fair DUI, we believe that your Fourth Amendment right to be free from unreasonable searches outweighs that statute. There is no reason the police need to have your documents in their hands. They can look at the documents through the window, take notes, and check anything they want on their computers. But your police officer, prosecutor and judge may disagree with us. At the very least you should not roll down your window unless the police give you a clear order to do so.

Please note that the Maryland State Police accept the Fair DUI method in their checkpoints.

Fair DUI Flyer-Maryland-back

Second, Maryland law requires people to sign tickets. Ordinarily that would mean you’d have to roll down your window. But federal law allows you to “e-sign” documents, so we’ve designed the flyer for Maryland to facilitate that. It tells the officer to put the ticket up against the window.

You should then use your phone (or other device) to take a picture of the ticket, and use an app like SignEasy to digitally sign it, and then e-mail a copy of the signed ticket to the officer or to the Maryland State Police media@mdsp.org.

As with the first point, your police, prosecutors and judges may disagree. Please discuss this with a Maryland lawyer before using this method.

Fair DUI Flyer-Maryland – pdf

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11 thoughts on “Maryland DUI/DWI

  1. Grant

    Where can I find the actual bill for sobriety checkpoints? I’ve looked for sb 666 2014 but I can’t find the actual bill itself, just a summary

    Reply
    1. Rob Cheek

      There was no bill that I know of. I always defer to judicially reviewed police practice. Police began to implement the program and it was upheld as Constitutional first in Little v. State, 479 A.2d 903 (Md. 1984) [also found at 300 Md. 485] and subsequently in its progeny.
      In that case, the CoA set the requirements for a valid checkpoint which they found, and I believe is still precedential law, in line with SCOTUS and the 4th and 14th Amendments

      Also- I am a lawyer (licensed in Maryland), but I’m not YOUR lawyer. Nothing I say here is legal advice or counsel on which you should rely in the conduct of your own affairs. You can not and should not rely upon any legal opinions or other information contained above. If you need legal advice or information that you can rely upon, I strongly recommend that you consult directly, in person preferably, or at a minimum by telephone, and not over the Internet, with a lawyer duly licensed to practice law in the state (or territory or country) where you live.

      Reply
  2. Selig

    Does the fair dui flyer “work” with county (ie- Howard County) police or just state police?

    Also, due to Maryland being a “tricky” state, and as you mentioned “but your police officer, prosecutor and judge may disagree with us.” in regards to the displaying of license versus handing it over, isn’t it dangerous to encourage the use of the MD flyer when so many “if’s” exist?

    Finally, what constitutes a “clear order”? If the officer says, “roll down your window” or “hand over your license”, is that a “clear order” ?

    Thank you

    Reply
    1. wredlich Post author

      You should definitely talk to a local lawyer.

      It is intended for all police, state and local. Even federal.

      Reply
    2. Rob Cheek

      Selig- Flexing your rights is always dangerous. Encouraging people to do so, but at their own risk, is responsible leadership. I tell people the same thing. I paid a lot of money to be able to dance the fine line with the police- if you have not, you should expect one of two things: either avoid it by total obeyance or be prepared for consequences, just like everything in life.

      A clear order, btw, should be defined as a lawful order in which the compulsory nature of the response is undeniable. Good luck with that definition in a courtroom. I generally clarify with the officer that I will not voluntarily comply. The tone then changes and suggestive language becomes directive language. If you are audio and video recording (make sure that you make the officer aware you are doing so) then that should clearly create the “order” portion of the “clear order”. Again, utilizing that in your defense can be… tricky.

      Also- I am a lawyer (licensed in Maryland), but I’m not YOUR lawyer. Nothing I say here is legal advice or counsel on which you should rely in the conduct of your own affairs. You can not and should not rely upon any legal opinions or other information contained above. If you need legal advice or information that you can rely upon, I strongly recommend that you consult directly, in person preferably, or at a minimum by telephone, and not over the Internet, with a lawyer duly licensed to practice law in the state (or territory or country) where you live.

      Reply
  3. Selig

    Thanks for your reply.

    I am still unclear as to what constitutes a “clear order”. Was the command to role down your window a clear order? Also, how did the police open your door? Was it not locked?

    Assuming no criminal background and not under the influence of alcohol or drugs at the time of a checkpoint encounter- If using your fair DUI procedures lands me in jail / court, would you or one of the Maryland “go to” lawyers who have joined your movement represent me for free?

    Thank you

    Reply
    1. wredlich Post author

      No we will not represent people for free. Do it some other way and see if you can find a free lawyer.

      In my case it was not a clear order and the door was unlocked.

      Reply
  4. Rob Cheek

    Can someone give me the citation for the e-sign authority? I’m finding it in the Commercial article, but no where in Courts & Judicial Proceedings, Criminal Law, Criminal Procedure, or Transportation Articles.
    To make it clear TA 16-112(a) defines display as a manual surrender. While I agree that the 4th may trump this particular statute, it’s never been challenged, and therefore remains good law. Use the flyer with an abundance of caution and, in any event, be prepared to manually surrender.
    Keep in mind that the law requires only that you lower the window a sufficient amount to hear and understand the officer and to manually present the documents- I utilize a maximum of 2 inches.
    And for good measure- I am a lawyer (licensed in Maryland), but I’m not YOUR lawyer. Nothing I say here is legal advice or counsel on which you should rely in the conduct of your own affairs. You can not and should not rely upon any legal opinions or other information contained above. If you need legal advice or information that you can rely upon, I strongly recommend that you consult directly, in person preferably, or at a minimum by telephone, and not over the Internet, with a lawyer duly licensed to practice law in the state (or territory or country) where you live.

    Reply
  5. Ron Columbus

    You better not do this in Harford county. First, the officer isn’t going to play along with your window up. You will get smashed in court.

    Reply
  6. Josh

    Why not just roll down the rear window 1/2 inch? Easy solution I’d think.
    Its not like they could reasonably claim they smell something based on that.

    Digitally signing from a photo etc. strategy I really don’t think will fly with most of these [Nazi] cops in MD.

    Reply

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