May 17, 2016
Can Entrapment Be A Defense To DUI?
Many people who are charged with a DUI ask if they can use entrapment as a defense, especially if they noticed the arresting officer was sitting outside the establishment where they were drinking, just "waiting for them." In short, the answer is: no.
What is important to understand is that entrapment is only a defense when the perpetrator of a crime would have only committed the crime because of the goading of an officer. So, for DUI to have been caused by entrapment, an officer would have had to convince you to drink to the point of intoxication and then would have had to convince you to drive.
As you can imagine, the scenario described above is rather far fetched, and, quite frankly, unbelievable. A much better course of action in fighting a DUI charge is to determine whether or not the arresting officer had probably cause to stop you. Just because you come out of a drinking establishment and drive does not preclude that you are intoxicated.
Remember, never operate a vehicle if you are under the influence of any substance. If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the State of Vermont, and have been arrested or charged with DUI or any crime, call The Law Office of C Jordan Handy for aggressive and experienced legal defense.