Carlson Meissner Hart & Hayslett’s Kevin Hayslett
says remaining silent at DUI checkpoints is a strategy that just might keep Florida drivers out of jail and preserve their driving privileges.
The Washington Post’s recent report of a Boca Raton attorney’s approach to helping drivers avoiding DUI arrests at checkpoints – by remaining silent and directing police to a plastic bag containing their driver’s license, automobile registration, proof of insurance and a “fair DUI flyer” – is generating buzz and controversy among DUI defense attorneys and the public at large. http://www.washingtonpost.com/news/post-nation/wp/2015/02/10/why florida drivers are making videos of themselves refusing to talk to police at dui checkpoints/
According to the Washington Post’s February 10, 2015 article, the “fair DUI flyer” informs police to place any DUI ticket under the automobile’s windshield wiper and states that Florida drivers at DUI checkpoints are only required to show law enforcement officers the documents in the plastic bag, not to physically hand the information over to the officers.
Debates over the legality of this novel approach are rampant, with law enforcement officials pointing to the 1990 U.S. Supreme Court decision, Michigan Dept. of State Police v. Sitz, as authority for their right to conduct DUI checkpoints, according to the Washington Post. Advocacy organizations such as Mothers Against Drunk Driving (MADD) believe that sobriety checkpoints are one of the most effective DUI enforcement tools, reducing fatalities by 20 percent. http://www.madd.org/drunk-driving/law-enforcement/
According to MADD, there were 40,677 DUI arrests in Florida in 2014 and 676 drunk driving fatalities. http://www.madd.org/drunk-driving/state-stats/Florida.html
High-profile Clearwater DUI defense attorney and "The Attorney to the Stars", Kevin Hayslett
, of Carlson Meissner Hart & Hayslett, stated that, “The penalties for driving under the influence (DUI) in Florida are severe and a DUI charge can have serious and wide-ranging consequences. While it is debatable how a court will ultimately rule on this clever strategy, if remaining silent can help drivers avoid taking a field sobriety test and Breathalyzer test it is a worthwhile approach to dealing with DUI checkpoints.”
Attorney Hayslett helps drivers charged with DUI evaluate their case and develop an effective defense strategy to preserve their rights, keep their record clean, and prevent them from losing their freedom and license to drive.
This information is provided for educational purposes only and does not constitute legal advice.