DUI Checkpoint Flyer Won’t Fly in Virginia

Have you seen the video from Florida where a guy rolls through a DUI checkpoint by putting a flyer in a baggie outside his window?

Don’t try that in Virginia.

Please.

Exercise your rights, but this crazy concept likely won’t work.

A valid checkpoint is a legal stop

If the police setup a valid checkpoint or road block (or “traffic safety checking detail”, as they like to call them), you have to stop.

We can try to challenge the checkpoint at court, but it may be a legal stop.

If stopped, you have to show license and registration

Virginia law (46.2-104) requires that you “exhibit” your license and registration if stopped by law enforcement.

This includes being stopped at a checkpoint.

The DUI flyer guys claim that you’re ok to exhibit them inside a plastic baggie on the window. And I’ve seen some people say that you could even press them to your window glass from the inside.

If the officer is in a good mood, he MIGHT let that fly.

But the baggie is a traffic violation

Driving with anything on your windows that obstructs the view of the highway is a violation of Virginia Code 46.2-1052.

By sticking a flyer to your window or hanging a baggie out the window, you’re likely guilty of this statute.

This is just a traffic ticket, but then you have other issues…

You must sign a summons, or get arrested

If the officer decides to charge you with obstructing your view of the highway, Virginia law requires you to sign the summons (46.2-936).

Signing the summons is a promise to appear in court, not an admission of guilt.

Refusing to sign the summons will cause the officer to arrest you and take you to the magistrate.

And guess what? He’s going to search your vehicle due to the arrest. And if you reek of alcohol or marijuana, he’s going to investigate those angles too.

The officer can demand that you exit the vehicle

Let’s say that the officer is having a good night and doesn’t care about the window obstruction. But since you are legally stopped, he can lawfully demand that you exit your vehicle.

If you don’t comply with his demand to exit, you’re looking at a likely arrest for obstruction of justice.

What to do instead

Note that this isn’t legal advice. It’s impossible to advise people in advance for every situation you might encounter.

I usually recommend a much simpler approach any time you’re stopped by the police in Virginia:

1. Hand over your license and registration.

2. Shut your mouth.

3. Keep your mouth shut.

4. If the officer asks you any questions or asks you to do any roadside tests, respond by saying:

“I invoke my right to remain silent, and I refuse all roadside tests.”

5. Shut up.

That’s it.

The officer is going to do what he’s going to do at that point. You may get arrested, but you won’t be providing additional evidence that will hurt you in court. And you won’t be committing additional crimes.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

What's Next?

Get Free Answers

I wrote the book on reckless driving. It’s the most-reviewed Virginia reckless driving resource on Amazon.com.

Get Your Free Copy

I wrote the book on DWI. It’s jam-packed full of answers for your case.

Get Your Free Copy

My special report about driving on suspended explains six critical issues to possibly fight in your case.

Get Your Free Copy

I wrote the book on reckless driving. It’s the most-reviewed Virginia reckless driving resource on Amazon.com.

Get Your Free Copy

I wrote the book on DWI. It’s jam-packed full of answers for your case.

Get Your Free Copy

My special report about driving on suspended explains six critical issues to possibly fight in your case.

Get Your Free Copy

CONTACT ME TODAY

I provide free consultations for traffic tickets and misdemeanors in my area. If I can't help, I'll do my best to connect you with someone who can.

540.318.5824

andrew@andrewflusche.com

Contact Andrew