DUI attorney Warren Redlich was arrested in August in Coral Gables, Florida, after he showed police his driver's license and other required documents by holding the items up to his window in a plastic bag that included a card stating: "I remain silent, no searches, I want my lawyer” (video below).
Redlich has demonstrated his technique at numerous DUI checkpoints, filmed himself and placed those videos on YouTube in an effort to educate the public on their rights, noted News10 earlier this year.
In a video filmed by a witness, Coral Gables police refuse to accept the documents inside the plastic bag, block Redlich's car in at the checkpoint with cruisers, open his door and arrest him.
“They think that I’m required to roll down the window and hand over the license and I think I’m not required to roll down the window and I’m not required to hand over the license,” Redlich told CBS Miami.
"(DUI checkpoints) are ineffective," Redlich added. "They're publicity stunts. They don’t work."
Redlich also claims these types of searches violate the Fourth Amendment.
Redlich said that he "deliberately went" to a DUI checkpoint in Coral Gables, which has enacted a tough new law.
“They adopted a policy that was more extreme than anything I had seen before,” Redlich stated. “You don’t get to charge me with a crime. The legislature said this is the penalty. You don’t get to stack on new penalties."
“I am confident I’m right." added Redlich, who spent spent three hours in handcuffs. "I’m confident they are wrong.”
Redlich said he was ticketed for failing to exhibit a driver’s license, but not charged with any crimes.
“He’s wrong," Craig Leen, Coral Gables City Attorney, countered. “He’s playing a game. He’s not here for any purpose, but to obstruct the DUI checkpoint and that’s wrong."
Leen added that Redlich could be charged with obstruction of justice, but didn't elaborate.
Redlich is planning to file a lawsuit in the next 30 to 60 days, which may give him a court ruling that he wants to back up his technique.
“We will defend us and in my view we will prevail,” Leen stated.
Redlich was sober and doesn't appear to qualify for any of the National Transportation Highway Safety Traffic Administration's guidelines for stopping a driver:
"Officers should look for the following indicators of impairment during initial contact with a driver at a checkpoint: odor of alcoholic beverages or other drugs (marijuana, hashish, some inhalants); bloodshot eyes; alcohol containers or drug paraphernalia; fumbling fingers; slurred speech; admission of drinking or drug use; inconsistent responses; detection of alcohol by a passive alcohol sensor; etc."
Sources: CBS Miami, News10, National Transportation Highway Safety Traffic Administration / Photo credit: Screenshot via YouTube