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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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while under the influence of alcohol, if ordered to move a

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while under the influence of alcohol, if ordered to move a vehicle by hotel security and while doing so and parking elsewhere that same security guard calls the police. can i still legally be givin a dui or can this be considered entrapment
Welcome and thank you for your question!

In Nevada, entrapment as a matter of law exists where the uncontroverted evidence shows (1) that the state furnished an opportunity for criminal conduct (2) to a person without the requisite criminal intent. State v. Busscher, 81 Nev. 587, 407 P.2d 715 (1965).

If the officer ordered you to move the auto, that would be entrapment because the officer is an agent of the state.

A private hotel security person, however, is not an agent of the state. Thus, the defense of entrapment would not be available.

It's a technicality of the duties of the person (government employee vs. private person).

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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Thanks,
~~ J.B.
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