1prophet
Diamond Member
Originally posted by: MadRat
Its called entrapment in some states. The police had the ability to intervene prior to intoxication.
They've tossed drunk driving offenses in Nebraska because cops sat outside a bar waiting for patrons to drive off. The whole issue of entrapment in these cases seems to hold a parrallel to the public intoxication laws. Alas, most public intoxication laws are local nuisance ordnances, so we're not talking a statewise issue, only local issues.
Can you please provide links to those cases because the only links I have found say the opposite.
I had this discussion with some lawyers in the past and they all agreed that unless the government or their agents (the police in this case) entice you into getting drunk and then driving it is not entrapment.