DUI and forced driving by officer
Question: If a police officer asks a parent to get their kid to drive home while intoxicated and they get a dui after that, can the DUI get dismissed because she would not have driven if the officer didn’t force her to.
Answer: Did the officer tell the parent to relay to their kid to “get home” or specifically to “drive home”. Was officer aware at that time that the girl had been or may have been drinking or on other drugs? And what conversations ensued after that? And what is the situation that led to the officer asking the parent to get their kid home?
Also, did the officer actually see any driving? If not, then the prosecutor may have issues establishing actual driving. I would recommend that your friend consult with a DUI attorney in her area to discuss the case in more detail. Call me at 818-336-1384 if the DUI case is in Los Angeles or a surrounding county.
Sincerely,
Phil Hache
DUI & Criminal Defense Lawyer