Leaving bar

What is the name of your state? Maryland
I left a bar and was saying goodbye to friends and a police officer pulled up next to us and asked a question. He smelled alcohol on my breath and waited for me to leave in my vehicle. The officer followed me from the bar and pulled me over, the result was a dwi. Is this legal or entrapment. what is the law that pertains to this type of situation.

No, it wasn't entrapment. Harsh, the legalities is you were caught with a DWI, plain and simple. It's the offices job to ensure the safety of MD. What if you were to have gotten in an accident down the road? Would have then said "I spoke to an officer before I left the bar, If I were drunk he would have pulled me over."

Sad part is the expense and the hassle this will incur. You'll sit back and find out it wasn't worth going out at all. And BTW, your "friends" let you drive? Back in the day I used to drink my "friends" would have hog tied me and taken my keys in order for me not to drive while drinking.

Originally posted by magilla1
What is the name of your state? Maryland
I left a bar and was saying goodbye to friends and a police officer pulled up next to us and asked a question. He smelled alcohol on my breath and waited for me to leave in my vehicle. The officer followed me from the bar and pulled me over, the result was a dwi. Is this legal or entrapment. what is the law that pertains to this type of situation.

The officer can't do anything if you are intoxicated outside, but will arrest you if you started up the engine. That is starting of being DUI at this stage.

In additionallly to my reply, you ought to be a guy from TV commerical which poked a knife in his four tires before going to the bar with SMIRFFOF vodka.

"The officer can't do anything if you are intoxicated outside"

opps, BF says public intoxication is a misdemeanor in Maryland. But usually they don't do anything unless it's disorderly.

Oh and they also stopped a guy on a riding lawn mower for DUI on a contry road. Seems he had to U-turn his mower in the street while mowing his yard, LOL

Soundslike the cop got a lucky arrest on his record sheet.

[Bravo8]

While I see nothing legally wrong with the scenario, I do have somewhat of a moral problem with letting someone who is intoxicated get in a car and drive when you had the chance to stop them in the first place. But that's beside the point.....

Entrapment occurs under two circumstances**************

1. The person is led to honestly believe that the acts they are about to commit are not illegal. If I give you something and say I just bought it for you as a gift, and then bust you for Receiving Stolen Property because it's really stolen, that's entrapment (hey, I know its a dumbscenario.....but all I can come up with this early).

2. The person is entirely unaware of the crime. For instance, I slip some merchandise in your pocket while walking in a store, and then arrest you for shoplifting when you leave.

Situtaions such as this, when the officer simply allowed the person to commit a crime by their choice, are not entrapment. Actually, if you think about the word "entrapment", you could probably figure out that you need to be entrapped into something.