A DUI lawyer from Florida has offered a way to help people avoid police interaction at DUI checkpoints. The process involves using a flyer against the car’s window to inform officers that you do not consent to certain things and the relevant legal codes. While there isn’t such a flyer for Pennsylvania yet, the lawyer plans on having similar flyers for all fifty states.
Some local lawyers have weighed in on the issue. While it may be technically legal to do such a thing, but practically it may anger the police further. A court may also rule that you’re required to roll the window down so the officer could smell for alcohol, which would render a big part of the strategy null and void.
The Supreme Court has held up the constitutionality of DUI checkpoints since 1990, but Pennsylvania does have a law where drivers can legally perform a U-turn to avoid going through a DUI checkpoint. Performing such a maneuver is also not cause for an officer to stop you.
Regardless of what some lawyers may say, the popularity of this tactic is sure to cause a court to review it at some point. Then the case will be settled about whether a DUI flyer will pass muster in helping sober drivers avoid police investigation at a DUI checkpoint. For now, the safest thing to do if you’re sober and want to avoid a checkpoint is to turn around.
If you’d like to learn more about DUI in Pennsylvania, call the office of Steven Kellis.