MIAMI — Drivers at drunken-driving checkpoints don’t have to speak to police or even roll down their windows. They just have to place their license and registration on the glass, along with a note saying they have no comment, won’t permit a search and want a lawyer.
At least, that’s the view of a South Florida attorney.
Warren Redlich contends the commonly used checkpoints violate drivers’ constitutional rights. He and an associate have created a website detailing their tactics. Legal experts and local authorities have doubts over the legality — and wisdom.
“The point of the card is, you are affirmatively asserting your rights without having to speak to the police and without opening your window,” the Boca Raton, Fla., lawyer said.
The U.S. Supreme Court in 1990 upheld the use of random DUI checkpoints, concluding they don’t violate constitutional protections against unreasonable search and seizure.
