A Florida lawyer has sparked controversy by designing a flyer that could allow some people to pass through DUI checkpoints without speaking to police or even rolling down their window.

Motorists who pull up to sobriety checkpoints are holding up the "Fair DUI Flyer." The flyer reads "I remain silent, no searches and I want my lawyer," along with a short list of state laws.

Drivers who are passing through DUI checkpoints don't roll down the window, but instead display the flyer with their driver's license, insurance and registration.  

Warren Redlich, a Florida criminal defense attorney, created the flyer because he said he was frustrated by police arresting people wrongfully at these checkpoints.

He has flyers tailored to laws in over 12 states online and his YouTube video tutorial (below) on how to use the flyer has been viewed more than 2.5 million times. 

Critics however, like Mothers Against Drunk Driving, are concerned that the flyers will be abused by people who actually are driving while impaired.

On "Happening Now" today, Judge Andrew Napolitano assessed the legal ramifications at play with this tactic, explaining that as a former judge in New Jersey he found the checkpoints to be illegal. And he noted that his ruling on the matter was upheld by the higher courts. 

He said drivers are "theoretically" only obligated to show police their license, registration and insurance information, not say anything to the officer.

Napolitano pointed out that many states have now developed other ways to identify drunk drivers without stopping every car on the road.

He said Redlich's flyer came about because people usually end up putting their "foot in their mouth" during encounters with police.

"They tell the cops too much. They give the police an opening. Remaining silent does not give them an opening," said Napolitano, adding that it's an easier for an attorney to defend someone who hasn't said anything to police.

Watch the judge's analysis above.


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