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Does “DUI Entrapment” Exist?

DUI Entrapment

Entrapment / DUI Entrapment is a shady area of law enforcement. Police officers often attempt to “trap” people in impossible scenarios in order to achieve convictions for traffic violations. For example, an officer may ask you to get behind the wheel of a car and then arrest you immediately after doing so.

DUI Entrapment Court Case

A case in the New Jersey Supreme Court involved the case of a defendant who was getting a ride home from a wedding reception. A fight broke out in the parking lot and a police officer ordered the defendant to get into his vehicle and drive away. The defendant backed into a patrol car and was arrested for drunk driving. The judge originally ruled against entrapment, but the supreme court reversed the decision, which in turn led to the lower court reinstating the judgement. The defendant could not show the officer’s order for him to get in his car.

The court ended up ruling that no one ordered the defendant to get or drive drunk. He was responsible for his actions that night. He could not prove entrapment or duress as a defense and his conviction was upheld. The court said, “If the law were to permit drunk drivers to offer that as a defense that they drove only because they reasonably feared that they were drunk might lead to arrest, the invitation to offer a pretext would be clear.”

In short, no one made the defendant get drunk and no one made the defendant drive. Officers did not use violence or threats of violence to make the defendant drive. They just ordered him to leave the scene of the fight.

If you have been charged with DUI in Santa Rosa, Petaluma, Ukiah, Lakeport or anywhere in Sonoma County, Lake County or Mendocino County, contact an attorney immediately. Beck Law P.C., attorneys are experienced with California DUI laws and can ensure you receive the best possible representation if you have been charged. Contact us through our website or via phone at (707) 576-5175.

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