Quote:
Originally Posted by llwhiteoutll
I don't see how he would claim entrapment when he is trying to defend cutting another vehicle off.
If he can prove that he was brake checked, then he should file a complaint for sure. But the cop going slower than the limit and CB deciding to cut him off isn't entrapment. The police dashcam might show some evidence of a brake check, but that isn't a defense to what CB got ticketed for.
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Entrapment is not a traditional 'defence' in the sense of it being a justification or excuse. Entrapment is a policy based refusal to allow the state to essentially make people commit offences. You are otherwise guilty of the offence you committed but if you establish the abuse of process then a stay of proceedings is entered. On its face police brake checking a guy (illegal careless driving act) provoking him to commit a retaliatory driving offence and then charging him for that is plainly capable of being entrapment.
This link looks like a pretty good summary:
http://criminalnotebook.ca/index.php/Entrapment