When America was first being formed, it was decided that the states should have the right to create their own laws. To this day, the same principle is true. Unfortunately though, this creates a problem for citizens today. That’s because we are a very mobile society now, crossing from one state to another. When we visit these other states, we have to abide by their laws. But because not all laws are worded the same, you might find yourself trying to assert rights you might not have.
Let’s take for example sobriety checkpoints. Considered perfectly legal here in New York, the same is not true in 12 states, according to the Governors Highway Safety Association. On top of this, each state has laid out specific standards in which these checkpoints can be conducted, which can vary from state to state.
You might be asking yourself, “why bring this up now?” The reason is because of several viral videos circulating the Internet that appear to make claims about a person’s rights during sobriety checkpoints and DUI stops. The latest includes people holding up fliers that state “I remain silent. No searches, I want my lawyer,” which was created by a lawyer in Florida.
It’s important for our readers to realize though that while these acts of asserting your rights might be legal in the states where the videos are being recorded, the same may not necessarily be true here in New York. Emulating the actions of these other motorists might actually put you in a serious legal situation, one that might include criminal charges.
The best piece of advice anyone will give you is to not drink and drive, which is the best way to avoid a drunk-driving charge. But it’s important to know that the next best piece of advice you can receive is to speak to a lawyer who can explain your rights here in New York so that you don’t accidentally violate the law later on.
Source: CBS New York, “New Viral Videos Question Constitutionality Of Sobriety Checkpoints,” Feb. 17, 2015
