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DUI Entrapment
Entrapment occurs when someone has been charged of a crime that they would not have committed if they had not been led to do so by a government agent. In the case of driving under the influence, an example of entrapment would be if a police officer helped you to your car and then sighted you a ticket for DUI or coxed you to operate your vehicle while under the influence of drugs or alcohol. Proving DUI entrapment, however, is not easily proven without an attorney’s intervention into a given DUI case.
Defending DUI Entrapment Charges
It can be challenging to prove that a DUI entrapment has taken place. It must be established that the person charged with the crime did not have a predisposed disposition to drive while under the influence and that the government agent knowingly led the person into the act. These government agents, who intentionally cause someone to commit the crime of driving under the influence. are sometimes called DUI busters, because they are basically hoping for a chance to give someone a ticket. These so-called DUI busters are vigilante individuals seeking to bring law enforcement to pull over an individual that they suspect of driving under the influence. These can include a litany of illegal methods, which include phoning in anonymous tips to police using exaggerated or patently false information, pursuing drivers on the road, and even stalking drivers as they leave drinking establishments. All of these are methods may entirely throw a dui charge, should law enforcement arrest a given driver based on the information provided by dui busters.
DUI Entrapment Laws
The laws regarding DUI entrapment are primary based on case law, which are the laws established because of previous DUI entrapment judgments. These case laws help determine how the litigation process will proceed and what the eventual outcome will be. There are two basic things that must be verified for DUI entrapment cases to be proven:
- Innocence on the part of the defendant
- Intent by the government agent to aid in committing the crime
How a DUI Lawyer Can Help
If you have been the victim of a DUI entrapment situation, then it is extremely vital to your case that a knowledgeable attorney be contacted right away. An attorney can help make sure that you are protected against criminal charges and that justice is served.
