Fair DUI Fliers in Tennessee?

by Bell Law Firm

DUI Checkpoints and other traffic stops can be stressful and sometimes frightening. As we’ve covered before, being stopped by a law enforcement officer is a big deal to us, even if it is a routine, every-day event for a police officer. Given this inherent tension, some people will go to great lengths to avoid interacting with the police at all, even in situations where a police encounter may seem unavoidable, such as a DUI checkpoint.

One such person is Warren Redlich (pictured below), an attorney from Boca Raton, Florida. Mr. Redlich also operates Fairdui.org, a website which publishes fliers like the one pictured below, which are designed to convey all of the information that a law enforcement officer has the right to receive from a driver during a traffic stop or checkpoint under that particular state’s laws. Thus far, Mr. Redlich has created these “Fair DUI” fliers for Florida, as well as New York, California, New Jersey, Ohio, Arkansas, Utah, Texas, Georgia and South Carolina.[1]

NOT APPLICABLE IN TENNESSEE

The back of the flier looks like this, and contains instructions for the driver regarding how to behave during a stop. While Mr. Redlich has yet to get around to creating a sign specifically for Tennessee, it is interesting to examine whether these signs comply with Tennessee law. Pursuant to Tennessee Code Section 55-50-351,

Every licensee shall have the licensee’s license in immediate possession at all times when operating a motor vehicle and shall display it upon demand of any officer or agent of the department or any police officer of the state, county or municipality. . . Any peace officer, field deputy, or inspector of the department, or any other law enforcement officer of this state or municipality thereof, has the right to demand the exhibition of the license of any operator of a motor-driven cycle. . .

So, any officer has the right to “demand an exhibition of the license”, and operators of motor vehicles are then required to “display” the license. This particular law doesn’t say anything about allowing the officer to inspect the license or requiring the driver to submit their license. The law, as currently written, merely requires the driver to display his license. Does showing the license through a closed window as Redlich demonstrates in the picture above comply? That’s a valid question and one that is sure to be raised before the court should Redlich get around to making a Tennessee-specific sign. However, there is at least one obvious flaw in Mr. Redlich’s plan to display these signs in lieu of rolling down the window to interact with an officer: in Tennessee, people being given citations for speeding or otherwise are required to sign the citation agreeing to appear in court or risk being arrested.

As such, although Mr. Redlich’s plan is creative and it is not a magic bullet for avoiding interactions with the police during a stop, at least not in Tennessee. 

As such, it’s probably best to follow the guidelines that we have described in previous posts: (1) be respectful, (2) keep your hands where the officer can see them, (3) and remember the magic question, “Officer, am I being detained, or am I free to leave?” Beyond that, it is best not to discuss anything with the officer at all and to rely on the advice of an experienced DUI attorney, such as the ones here at the Law Office of James A.H. Bell, PC, rather than some sign that you saw on the Internet. 

James A.H. Bell is the founder of Law Offices of James A.H. Bell P.C  in Knoxville, TN. Mr. Bell has over 40 years of experience in both criminal and civil litigation and may be contacted by calling 865-637-2900 or by email at jbell@jamesahbell.com. The Bell Law Firm: Client Focused, Court Room Proven.

[1] Each state has different requirements for what a driver is required to produce for an officer during a traffic stop. Thus, the necessity to create a flier customized to each state’s specific laws.