By David Sutta


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MIAMI (CBSMiami) — The Boca Raton attorney behind a controversial method to get out of a DUI checkpoint has ended up in handcuffs.

Warren Redlich’s technique requires you to not lower your window or speak to officers at a checkpoint.  He tried it in Coral Gables and it ended with him being arrested. He’s extremely happy about it though and says you should be too.

Attorney Warren Redlich’s method to avoid a DUI checkpoint gained a lot of press earlier this year.  Instead of lowering your window for police, he told you to show a card that reads “I remain silent, no searches,” your license and registration, all through the window.

It may sound insane but people began posting YouTube videos of it working.

That wasn’t the case when Redlich tried it in Coral Gables recently.  An officer gave him repeated warnings.  The police department wasn’t going for the documents on the glass technique.  A camera rolled on the incident as the officer opened the door and placed Redlich in handcuffs.  “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 my license,” he explained.

Redlich believes DUI checkpoints are a waste of time.  “They are ineffective.  They are publicity stunts.  They don’t work,” he told CBS4’s David Sutta in an exclusive interview.

But even more so he believes they violate the 4th Amendment, protection from illegal searches.

It’s not by chance he ended up in Coral Gables that night.  “No, it is not.  I deliberately went there,” Redlich admits.  It was to make an example out of Coral Gables.

After Redlich’s “Fair DUI” program gained national attention, Coral Gables attorneys took a closer look.  “They adopted a policy that was more extreme than anything I had ever seen before,” Redlich claims.  Essentially, refuse to open your window at the checkpoint and you can be arrested.  Redlich was so upset by the policy he says he tried contacting the city attorney.  “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.”  The penalty he explained, usually, is a non-moving violation.  A ticket.  In Coral Gables though Redlich spent three hours in handcuffs.

“I am confident I’m right.  And I’m confident they are wrong,” Redlich summarizes.

In the end officers decided to release him.  He ended up with just a ticket for failing to exhibit a driver’s license.  He suspects officers realized they couldn’t arrest him.

Craig Leen, Coral Gables City Attorney, clarified that for CBS4. “He’s wrong.” Leen said.  Leen says the officer has discretion.   He added Redlich could still be charged with obstruction of justice.  Leen called the situation sad.  “He’s playing a game.  He’s not here for any purpose but to obstruct the DUI checkpoint and that’s wrong,” according to Leen.

The City is considering their options.

What does Redlich hope comes of this?  Redlich told Sutta, “I have what I need to go to federal court and have a federal judge who says say no you can’t do that.”

Meanwhile the City is digging in preparing to fight if needed.  “We will defend us and in my view we will prevail,” Leen said.

In the end Redlich is getting what he wanted.  A challenge to his Fair DUI technique in the courts.  He plans to file his lawsuit in the next month or two. The case may finally settle whether or not you have to lower your window at DUI checkpoint.

CBS4 will continue to follow this story.

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