40 replies on “North Carolina DUI”

  1. I’m not convinced that § 20-29 shields the driver from having to hand over his license. The statute states:
    “Any person operating or in charge of a motor vehicle, when requested by an officer in uniform…who shall refuse…to produce his license and exhibit same to such officer or such other person for the purpose of examination…shall be guilty of a Class 2 misdemeanor.”
    The words at issue are “for the purpose of examination.” Would examination require that the officer take possession of the license?

  2. I would love to know the answer to this:

    Would examination require that the officer take possession of the license?

  3. i had a dui in 1997 and need to clear up the matter It has been a nitemare i have list over $1000 to attorneys who said they would help and kept monies and lied Please advise me of an attorney who will help me get my liscence back. I have lived in CT for nearly 10 years now and i have been through a horrible divorce and moved 18 times in as many months from 2005-2007.I have since been beaten buy police and falsely arrested with all charges being dropped in all false arrest incidents.(i am diabetic and all incidents were a result of either high or low blood sugars).I am a good person i was also run over on my bike in 2011 and need to be safer in a car again..I havent driven since 2007 when my liscence expired and couldnt renew HELP It dangerous out there as a pedestrian and get treated poorly by motorists in tri state areaCY/NY/NJ)..HELP!!!!

  4. I just wanted to say thank you for providing this to us and also.providing the statute numbers so there is no ability to.contest the refusal to sign a ticket. *citation*

  5. Thanks so much for taking the time to provide this for us. Really awesome.

    I have a question about checkpoints and CCW. I have a concealed carry permit and often carry when I’m driving. In the state of NC, we are required to have our permit and identification on our person when carrying concealed, [GS 14-415.11 (a)], and must notify an officer when approached or addressed.

    When using the Fair DUI flyer should I also include, in writing, that I’m carrying concealed and affix the permit, of is it ok to just affix the permit along w/ my driver’s license?

  6. Will do…thanks again.

    What about boating? In our city during holiday weekends there are random BUI checks on the water. How would you handle these situations since everything is out in the open?

  7. I think you’ll satisfy the requirement, “for the purpose of examination,” by simply placing the flier, DL, Proof of insurance and registration into a clear plastic binder sleeve and then roll your window up on it. Put an opening in the sleeve so I can have access to the documents. In this way I, the police, could inspect all of the items if I deem necessary to assure their legitimacy.

  8. While this flyer seems ideal for checkpoint stops, I have my concerns that it wouldn’t do a lot of good during a roadside traffic stop for a few reasons:
    #1. The cop can order you to step out of the car if you’re still being detained (Pennsylvania vs. Mimms). Then “I smell alcohol” comes next, or a claim that you stumbled or fumbled with the door handle.
    #2. If you’re remaining completely silent, you can’t ask if you’re free to go, and the cop can keep you there for 45 minutes looking for a reason to arrest you, and can even call in a drug dog and wait around for it because you’re voluntarily hanging around.
    #3. If you break your silence to ask if you’re free to go, the cop can say your speech is slurred.

  9. Mimms is not that clear. The officer better have a good reason for such an order. And that’s an issue a lawyer can attack.

    Yes you do have to be patient. But if the cop holds you for 45 minutes that can be a lawsuit.

    Don’t speak.

  10. You bring up some valid points, Dave. However, here are my thoughts…

    First off, make sure you’re video and audio recording every moment of the traffic stop. If you’re ordered to get out of your car, do so but lock your doors behind you immediately.

    Do not say one word. You’ve already informed the officer(s) you remain silent. Instead of saying, “Am I free to go?”, print out another card that says it. Or just stand there and keep your mouth shut. I will never understand why people talk to police. Nothing good can come from it. Even telling the truth can get you in trouble. Believe me, they are not on your side. You’re not being uncooperative when you remain silent, you’re just not being useful. When you speak, you are being useful… useful in building a case against you. It’s not your responsibility to make their job easy.

    Also, an officer is not allowed to hold you any longer than necessary to perform a traffic stop. This has been ruled on by the Supreme Court. Furthermore, police officers can’t just call in a dog because of a hunch or because you’re not speaking. There has to be reasonable suspicion to do so and a good lawyer will eat them up in court if they pull that stunt.

    You can read about it in Rodriguez v US here (PDF download):

    P.S. Watch this video on how to remain silent when dealing with police…

  11. That’s okay, but I prefer rather my clients not talk at all and if necessary hand the officer a card (like the Fair DUI flyer) that specifically asserts your rights. The Supreme Court used some troubling language in a recent case saying you have to “expressly invoke” or “affirmatively assert” your right to remain silent. That was one of the reasons we created the flyer.

    Also the officer told you that you were free to leave. You were also free to stay.

  12. I know the flyer states you are not rolling down your window, but if the officers orders you to, can you still refuse? Also, I thought for all traffic stops you are required to roll down your window so that you and the officer can communicate. Am I incorrect?

  13. Also, if the officer orders you out of the vehicle, can you refuse to do so since they will have absolutely no probable cause or reasonable suspicion at that point?

  14. I think this flyer needs an additional line that says something like “I want to leave. If I am not being detained, please state whether I am free to go.” Might even help to make one more card that just says “Am I free to go?”

  15. If the policeperson orders you out of the car, you should get out of the car. That doesn’t mean you have speak. But, they should have probable cause to order you out of the car. Otherwise, they have violated your constitutional protection against unwarranted search and seizure. If you refuse to exit the car when ordered to do so, the situation will only escalate. It won’t benefit you to attempt to stay in the car. Be sure to record video of the entire stop. If you are ordered out of the car with no probable cause, take the video to an attorney and ask about suing the cop/police department.

  16. No. That’s the point of the Fair DUI card that you hold up to the window in lieu of speaking. If you roll down your window, he can make the claim that he smelled an odor of alcohol, whether it’s true or not. If you speak, he can claim you slurred your words, whether you did or not. If you don’t roll down your window and you don’t speak, he can claim neither. If he orders you out of the car, you should comply. But, you still don’t have to speak, because you have the constitutional right to not incriminate yourself.

  17. Most LAWS of Traffic are created for COMMERCE only. Private vehicles on “public access roads” Paid for with Our Tax Dollars is far different then those engaged in actual commerce.

  18. Just reading 20-29 and there is a line that says,

    or who shall refuse to surrender his license on demand of the Division

    Does that mean now you must hand your license to the officer if he orders you to?

  19. “Do not speak at all. Not one word. Record everything.Keep your hands where the officer can see them.
    Show them your license and other requested documents through the window.
    You are required to “exhibit” documents. But you don’t have to hand them over.
    You are not required to sign tickets. So don’t open your window.
    Police are allowed to stop you at a checkpoint, but you are not required to open your window.
    Never fight or physically resist.
    If the officer clearly states an order, it is safer to comply.”

  20. They ripped my flier up on a string and dragged me out the broken window I didn’t roll down and tazered me made me lose my buzz and took my camera iPhone wtf!,,,

  21. Could you recommend a Charlotte, NC lawyer I could contact when using the fair DUI flyer? I’ve proactively left messages with a few of the supposed best Charlotte DUI lawyers, and they’ve all ignored me. I can only assume they do not support the fair DUI philosophy. Thank you!

  22. You are better off asking for referrals elsewhere. You won’t likely get one here, unless another reader has something to share. Just remember what your rights are. Unless you have committed a crime, misdemeanor or otherwise, you have a constitutional right against unwarranted search and seizure. You don’t have to speak and should not speak. However, if ordered out of the car, it is wise to do so. But, take your keys and quickly lock the door behind you. If they take your keys and search you car without permission or without a warrant (which they must show you), they have clearly violated your constitutional rights. Remember, it’s not about being a jerk. It’s about protecting your rights as an American citizen.

  23. “I will comply with clearly stated lawful orders” Is being asked by the officer to step out of the car a lawful order? Or to roll down your window?

  24. Very interesting, I’ve watched a couple videos concerning this fair dui flyer and agree with it. All tho I do say in the videos I have watched the police do have a big problem with not physically being able to hold your documents. I recommend hanging the bag outside the window with everything would seem to be the best option. (Even tho legally you do not have too.)

    But I do have a question because I could not find on your site and YouTube has been dead on this topic. Is there any changes in 2018? Is this still all good and legal? My particular state is North Carolina. Cheers!

  25. A lot depends on who you’re dealing with. Some officers will take it in stride. Others will not take it so lightly and things could get ugly. Cops don’t want to you to be in control, or to think that you have an ounce of authority to challenge them.

    As for hanging the bag outside the window, just cracking the window a little gives the officer the opportunity to say they smelled alcohol or marijuana smoke. That’s why you don’t open the window, even a little. But, if the office threatens to bust your window, you have a decide quickly just how far you want to take the Fair DUI concept.

    I recently went through a Hwy Patrol roadblock checkpoint on the way home from the airport. I didn’t have the Fair DUI stuff printed out and in the car with me. But, I was completely sober and decided to exercise my right against unwarranted search and seizure… to an extent. The patrolman asked for my license and I held it up to the window. He wanted me to roll down the window so he leaned forward and asked me to hand the license to him. I cracked the window about half an inch and stuck my license half-way out the window. He asked me where I was going. Without looking at him, I pointed forward. He asked where I was coming from. With my thumb, I pointed behind me. But, I never opened my mouth, and dindn’t intend to. When he finished looking at my license, he held it a few inches away from the window so that I would have to roll the window down further to take it. Clever guy. But, he said, “Have a goo night,” and I drove away without incident. I got the feeling that the Fair DUI thing had been discussed in his State Trooper training.

    The point of Fair DUI is nothing more than to protect your constitutional right against unwarranted search and seizure. Roadblock checkpoints are, to some extent, a violation of that right. They do sometimes catch people who are breaking DMV laws and people who maybe shouldn’t be driving. But, they also inconvenience people fit neither description. And, if we don’t stand up for our rights, we really don’t have any.

    So, if you choose to use the Fair DUI method to resist checkpoint driver checks, do it smartly, not obstinately.

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