Many Missouri drivers may have heard that there are certain loopholes that may allow them to skip DUI checkpoints. According to a Feb. 20 report, the Fair DUI Flyer may legally allow drivers to continue through police DUI checkpoints without actually talking to the officers working that particular checkpoint.
A video of a Florida attorney demonstrated his ability to bypass a DUI checkpoint using a flyer that he made himself. The attorney put his identification information, his registration, insurance card and the flyer in a Ziploc bag and hung it from his window. The video reportedly shows that the authorities waved him through without making him roll down his window or speak to the authorities working the checkpoint. This is important because, when rolling down a window, the officers can check for the odor of alcohol and pull a driver over, even if the driver is not showing signs of intoxication.
A Missouri attorney noted that using a Fair DWI Flyer is completely legal in the state of Missouri, though there is always the chance that an officer may not recognize the flyer. That being said, the report indicated that Missouri authorities were investigating the legalities of the flyer themselves before determining whether or not the authorities can still perform a DWI check on drivers who are exhibiting it.
If a driver attempts to use a Fair DWI Flyer but is taken into custody after being investigated by the authorities, a criminal law attorney may provide a strong defense for the accused person. Not only may they argue that the flyer is completely legal in the state of Missouri by citing precedent, they may also argue that the authorities violated their client’s Fourth Amendment rights.
Source: KTVI, “Loophole helping drivers skip DUI checkpoints, “Melanie Moon, Feb. 20, 2015