16 Feb Baltimore DUI: DUI Checkpoint plan?
Here at ENLawyers, the internet has provided a few interesting ideas for defeating a Baltimore DUI checkpoint and/or a traffic stop. However, many of them will not work in Maryland. For example, I received this in my inbox the other day…
You are required to present your driver’s license and registration to the police officer. If you don’t, it’s a ticket. Furthermore, you’re also required to sign the ticket that the officer gives you. Transportation article 26 is excerpted below:
§ 26-203. Signature of person charged required on citation
(a) Scope of section. — This section applies to all traffic citations issued under this subtitle, unless:
(1) The person otherwise is being arrested under § 26-202(a)(1), (2), (3), or (4) of this subtitle;
(2) The person is incapacitated or otherwise unable to comply with the provisions of this section;
(3) The citation is being issued to an unattended vehicle in violation of § 21-1003 of this article; or
(4) The citation is being issued to an unattended motor vehicle in violation of § 13-402 of this article.
(b) Officer to make request and advise of the possibility of arrest. — On issuing a traffic citation, the police officer:
(1) Shall ask the person to acknowledge receipt of a copy of the citation, as required under § 1-605 of the Courts Article; and
(2) If the person refuses to do so, shall advise the person that failure to acknowledge receipt may lead to the person’s arrest.
(c) Refusal prohibited. —
(1) On being advised that failure to acknowledge receipt of a copy of a citation may lead to arrest, the person may not refuse to acknowledge receipt.
(2) If the person continues to refuse to do so, the police officer may arrest the person for violation of this section or, as provided in § 26-202(a)(5) of this subtitle, for the original charge, or both.
What’s interesting is that the section doesn’t necessarily require you to sign the ticket, but rather “acknowledge receipt of a copy of a citation.”
Here is a better video done under Florida law by the same lawyer, that will definitely work in Maryland at a DUI checkpoint:
How do you know it will work at a Maryland DUI Checkpoint? Maryland State Police said it would work in an interview on Fox 45…(and case law agrees with them)
What about a regular traffic stop? It could work with a few adjustments.
Your ENLawyers solution
Print off this flyer and put your license and registration in a plastic bag with the flyer, hang it outside your window like shown on the video. Here is our flyer for Maryland law. (click on the images for a full size). You should print them on one double-sided sheet.
ENLawyers Bottom Line
Don’t be a schmuck and try to do this when you’re truly drunk or high. You’ll just end up face down on the hood of your car and being cuffed behind your back. In order for this to work, you need to be coherent, logical, and prepared for a safe encounter with police. As the Fair DUI Flyer author Warren Redlich says, it’s not for everyone.
shared withpermission, source materials: fairdui.org