It’s not uncommon to find that married couples like to do things together. Not always, however, is that notion taken quite so literally that one would follow one’s spouse to jail. Such was the case when a Rhode Island husband and wife were each arrested in two separate DUI stops on the same night.
The night began with the arrest of the wife, Mrs. Stephanie Souza on suspicion of drunken driving. She was taken to the police barracks where a chemical test indicated that she was driving under the influence. The police then called her husband, Michael Souza, and told him to come get his wife. So the 44-year-old husband got in his car and headed to the barracks.
Unfortunately, he too was allegedly drunk.
The husband never made it to the police barracks — at least not on his own volition. He was stopped for a motor vehicle violation and, just like his wife, was taken into custody on suspicion of DUI. Mr. Souza was then taken to the barracks where his wife was being held (his original destination) and was given a chemical test. Lo and behold, he also tested above the legal limit and was charged with driving under the influence.
In this case, the police called Mr. Souza and told him to drive and come pick up his wife. So the husband was left with the dilemma of either leaving his wife in jail until he sobered up or risking a DUI to come get her. When it comes time to offer his defense, Michael Souza may have an interesting claim. There are such things known as affirmative defenses. It can be ruled as “Entrapment” if the officer requests that a person drive drunk. However, for that tenuous argument to hold up the defendant’s attorney would have to prove that Mr. Souza would not have been predisposed to drive drunk if not for the alleged entrapment.
There is never a good excuse for driving drunk. But perhaps a sympathetic (and married) judge may recognize one’s husbandly duty to come rescue a wife who is in distress (or in jail). The Souzas, however, will need the help of a skilled DUI attorney to make this tenuous argument work.
If you have been arrested and face charges for drunk driving in Arizona, contact Alcock & Associates today at 602-989-5000 to speak directly with an experienced and skilled Phoenix DUI lawyer for legal assistance.
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