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.
