Florida DUI Flyer Creator and Attorney Activist Warren Redlich “Arrested” for Refusing to Roll Down Window at a DUI Checkpoint

South Florida attorney/activist Warren Redlich is making news headlines for his controversial legal position, maintaining that in Florida persons have a right to refuse to roll down their windows at Florida DUI checkpoints and during traffic stops that do not require one to sign a citation as specified under Florida Statute 318.14(2).  Redlich’s website, fairdui.org, displays a copy of his  controversial Florida DUI flyer.  Last Wednesday Redlich was arrested after refusing to roll down his window at a Coral Gable DUI checkpoint.  Redlich discussed his recent “arrest” and his controversial flyer/activism on Florida You Judge.

Tampa Bay attorney Donald Harrison weighs in:

“In your segment you covered several areas of the law.  As to the arrest, I would not agree he was arrested.  The case law as to an arrest and detention is not based on being handcuffed.  It requires more.  The question is whether there was articular facts of criminal activity or PC for a traffic violation.  I would argue the detention was illegal but he was not arrested.  Florida Statute 322.15 requires a finger print on a citation “upon the failure of any person to DISPLAY a driver license as required by subsection (1)” I would argue the displaying of the DL through the window complies with 322.15.
You spoke of requirement of Exiting the vehicle upon demands of law enforcement. I suggest the Terry Standards apply in requiring the removal of a person from a vehicle.  Some facts to support the officer’s fears.  There are cases that standard practice  of law enforcement does not substitute for facts when the Constitution is in play. I do support this man and it seems his technique is legally narrow to a single issue that opens the door to change over time to bring more protections of our rights.”
 
 
 

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