If you’ve found yourself on Facebook at any point in the past week or so, there’s a good chance you’ve watched the “Fair DUI Flyer” video. It’s an interesting method for handling DUI checkpoints to say the least.
The man in the video is in Tampa Bay, Florida, and he has printed out a flyer (presumably from FairDUI.org) that reads: “I REMAIN SILENT. NO SEARCHES. I WANT MY LAWER. Put any tickets under winshield wiper. I am not required to sign – 7:2-1(c), (g). I do not have to hand over my license – 39:3-29. Thus I am NOT opening my window. I will comply with lawful orders.”
He then comes up to a DUI checkpoint and hangs this flyer, his license, insurance, and registration in a large envelope outside of his car. He holds the string and raises the window up. In the video (videotaped from multiple angles) the police officer shines his light on the flyer and materials, stares for ten seconds or so, and then gives him the thumbs up. He even says, “Drive safe.”
Almost seems to good to be true, right? But others have videotaped themselves using this method at DUI checkpoints. Fox 45 in Maryland interviewed a police officer who said that, technically, motorists only have to stop at a checkpoint and there is no requirement to roll down the window.
The question for the millions who have seen this viral video then becomes: Would this work for me?
Well, for any New Jersey drivers out there, I hate to be the bearer of bad news. But no, this would not work in New Jersey.
Why won’t it work in New Jersey?
In New Jersey receiving a license is a privilege and not a right. You impliedly consent to take a breath test by obtaining that license. If you are stopped by the police – DUI checkpoint or otherwise – they have the right to do an on-scene investigation which would include asking you brief questions. If that gives them a reason to believe you are under the influence, they can ask you to exit the car. Roadblocks have been found constitutional in New Jersey provided certain procedures are followed – and these procedures are almost always followed to the letter.
The other problem with these flyers is they immediately put you in a confrontational state. The cops see that flyer and you’ve just immediately flown onto their radar without even rolling down your window. If they believe there’s cause, your DUI checkpoint stop will turn into an actual stop.
In the event you’re being arrested for DUI, a Mount Holly DUI lawyer would advise you to exercise your right to remain silent. The more you say, the more you incriminate yourself. That does not apply to the breath test. If asked, you must take it. If you fai to take the breath test, you will be charged with refusal and most of the penalties are the same as driving under the influence.
Of course, the best way to avoid this? Don’t drink and drive!