David Dutcher is just like any other man--when an attractive blonde woman offered up a little ménage à trois action, he jumped at the chance. Problem was that the blonde had gotten him drunk before dangling the threesome if he drove to her home.
Less than a mile away from the restaurant, he was pulled over and arrested for drunken driving.
Turns out it was a set-up.
The case of David Dutcher is remarkably similar to at least four others investigated by the San Francisco Chronicle. The so-called "dirty DUI" scheme involves a private investigator, his law enforcement contacts, and a shady divorce attorney.
Christopher Butler, a former police officer turned private investigator, hired women to lure divorcing men out on dates with the intent of getting them drunk, reports the paper. He'd then make sure his law enforcement contacts caught the men driving under the influence--hence the term "dirty DUI." Then, the divorce attorney he was working for would request that the court alter custody agreements in the wives' favors, alleges the Chronicle.
If David Dutcher had known at the time that he was the victim of a dirty DUI, he might have been able to argue that he was entrapped by the arresting officer. Entrapment is a defense when a government official induces a defendant to commit a crime. In the case of this dirty DUI, Butler and local law enforcement appeared to have conspired to set Dutcher up. This defense, however, is difficult to prove.
Though Butler was recently arrested on drug charges, the prosecutor in that case has yet to file charges for the dirty DUIs. Whether his actions amount to a crime are questionable. His lawyer contends that he was merely a citizen informing the police of a drunken driver, reports the Daily Mail.
- Report: 'Dirty DUI' Sting Nabbed Men in Clayton, Concord (Concord Patch)
- Defenses to Drunk Driving (FindLaw)
- What are my possible defenses? (FindLaw)
- DUI Basics (FindLaw)