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Appeals court sends case of drunken fan back to trial

By DAN PLUTCHAK ( Contact )   Tuesday, July 21, 2009 - 9:35 a.m.
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ELKHORN -- An Illinois man arrested for drunken driving following a 2006 Dave Matthews Band concert at Alpine Valley Music Theatre should have been allowed to raise an entrapment defense, the Second District Court of Appeals has ruled. STORY

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mespl
Jul 21, 2009 at 1:44 p.m.
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Jvlhomeowner: Thank you for clearing that up for the people who apparently have never been to a concert or worked at Alpine Valley. If you have done either of those things you know that after a concert they have the lots cleared so that they can lock up the grounds. Drunks and all they must leave the parking lots. Unfortunately it would be a problem either way they do it, if they make people leave then drunks are driving but if they let people stay then they need to maintain security and health professionals throughout the night and they risk letting people die in their cars during the night. Also if I remember correctly any cars that are left there if you get a ride home because you are too drunk to drive get towed after the lots are cleared. I think that they are choosing the lesser of two evils by making people leave and hoping that you had the common sense to have a designated driver, and the police are there to stop those who don’t have that common sense. However if the officer told him to leave we don’t know, but he could have always walked and dealt with the towing fee (if I am remembering correctly).

ljs64
Jul 21, 2009 at 12:57 p.m.
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NO. A State Trooper ordered a man to leave the parking lot.

Mikki
Jul 21, 2009 at 12:33 p.m.
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So a police officer ordered a drunk man to drive?

Jvlhomeowner
Jul 21, 2009 at 12:20 p.m.
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Travis C. Peterson, admits that he drank too much at the show. However, he said that while trying to sleep it off, he was ordered by a trooper to leave the parking lot, and a short time later, was arrested for drunken driving.

I've been there for concerts, they clear the parking lot, they do order people to leave.

janesvillean
Jul 21, 2009 at 11:47 a.m.
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The court did not decide the facts of the case. They simply said that it was wrong for the lower court to deny him the opportunity to make the entrapment defense. There will be a new trial, at which he can make these claims, and see if a judge or jury believes him.

whoanellie
Jul 21, 2009 at 11:33 a.m.
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If you drive when you are drunk you deserve whatever you get! And I think cops should be able to sit outside bars and things when drinking is going on. it might save more lives and get the drunks off the road! Why should it be ok to drink yourself silly and then drive and cry entrapment? If you drink and drive you take your chances of getting caught.

ljs64
Jul 21, 2009 at 11:25 a.m.
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You three apparently do not know the rest of the story.

RetiredAirForce
Jul 21, 2009 at 10:56 a.m.
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Right the sober officer lied and the drunk guy at a concert busted for drunk driving is telling the truth.

copland
Jul 21, 2009 at 10:17 a.m.
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how do you know it's not the guy that got arrested that lied?

916WI
Jul 21, 2009 at 10:03 a.m.
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What???? A cop lie on the stand??? I can't believe it!!! The guy tries to do the right thing, and then gets pushed into the position by the cop where he has to break the law.......Really nice of this trooper--he should lose his job.

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