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could it be considered ENTRAPMENT if an officer makes you weave by tailgating then he pulls you over?
To make it short and simple its about a DUI charge. I do have a lawyer and posed this question to him.
I was half way back home one night and had not hit anything or run off the road. I had made the dumb *** mistake of going to the store after having some beers at home. I noticed a car pull right up on my *** (excuse the language!) and back off. He did this more than once and I pulled over, he did not come around. I proceeded back onto the road. He tried it again and I pulled close to the right side of the road again and he refused the offer. He then pulled me over.
What you described is not entrapment. It would have been entrapment if the Officer encouraged you to drive drunk. Your attorney can argue in court that you were weaving because the Officer was to close to you (which will mean you must admit you were weaving) and the judge would then have to determine if:
1). The Officer was following you to closely and causing you to weave and,
2). if that would be grounds to throw out the stop and dismiss your case.
It would all be up to the judge to decide-like any other trial.
The average person that will drive drunk does so 80 times a year according to the NHTSA. I have little sympathy for you.
I would explain this to the judge and counter-charge the officer with tailgating and reckless endangerment. I sucessfully beat a ticket in California this way when a cop was right on my tail and I speeded up to get into the next lane, thinking he was in a hurry to get around me. It may not get your charge of dui lifted, but will give the cop a clear message about his unethical tactics.
This was your perspective that night. Looking into your rear view mirror. Remember, you were intoxicated which distorts eyesight. As well as the warning in the mirror, "objects may be closer than they appear". These combined together may have caused you to see the vehicle as tailgating when it wasn't.
Entrapment in a DUI case is when the officer knows you have been drinking and are impaired, and tells you to go ahead and drive anyway. Then he pulls you over and arrests you. That is entrapment.