In criminal law, entrapment is the act of law enforcement officers or government agents inducing or encouraging a person to commit a crime when the accused party indicates no prior intent or action to commit the crime on his or her own accord. The key to entrapment is whether the idea for the commission of a crime or encouragement of the criminal act originated with the police or government agents instead of with the supposed "criminal." Entrapment, if proved, is a complete defense to a criminal prosecution.
"Entrapment" is unlikely in a DUI-DWI case
Like duress, entrapment is an unlikely defense in a DUI-DWI case. Again, pre-trial notice of this affirmative defense is likely part of your state law. Your experienced DUI-DWI attorney will know how and when to raise it. See http://www.duiblog.com/2004/12/13#a66 for a discussion of such questionable police tactics.
Example of "entrapment" in a DUI-DWI
One example of "entrapment" might be found in this DUI-DWI fact pattern. An intoxicated man walks out of a bar, having consumed all of his alcohol after he stopped driving earlier. An officer sees the man and says, "If you don't get off the street this minute, I am going to arrest you for public intoxication." The driver says, "Okay, if you insist, but I am not going to try to drive anywhere" and walks to his car and sits in the front seat behind the wheel. The bar has closed and it is freezing outside. The man sits behind the wheel and starts the engine to use the heater in the vehicle. If the police officer arrests him for DUI-DWI, this could be a foundation to assert the legal defense of "entrapment."
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