Having just started a new job in New York, my youngest brother met up with a few of his college friends to celebrate his first official job. Unfortunately, what started out as an evening of fun quickly turned into a quest to find a dwi lawyer in Albany NY.
My brother, did not drive that evening, instead trusting in a friend to be his group’s designated driver. Unfortunately, the designated driver was using the restroom when the owner of the tavern they had stopped at said his car needed to be moved as it was parked in a spot designated for another business in the strip mall type building where the tavern was located. My brother, without thinking, grabbed up his friend’s car keys and went to the parking lot to move the vehicle. He had to physically leave the parking lot and for a length of maybe 50 feet, was on the street where a police officer immediately saw him get in a car from the tavern, and pulled him over, supposedly because he had not been wearing his seat belt. My brother admitted that he had not been wearing his seat belt and upon that admission, the officer asked my brother to step out of the car and administered field sobriety tests when he said he could detect the smell of alcohol.
While my brother was intoxicated, the attorney he contacted suggested the position of the police officer could be considered entrapment and the tavern owner himself said he had had multiple problems with the police and city and that the constant police presence had driven business away from his establishment. My brother is currently hoping his attorney can fight to dismiss the charge as the last thing he needs to start his new life is this violation on his record, especially when he had taken every precaution to avoid the situation in the first place with a designated driver in his group.