How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
Type Your Criminal Law Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

while under the influence of alcohol, if ordered to move a

This answer was rated:

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.

What are your options now?

If you wish to continue this conversation, click on the Replyf tab.
If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Bad Service" or "Poor Service," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.

~~ J.B.
JB Umphrey and 2 other Criminal Law Specialists are ready to help you