If you have been accused of driving under the influence, you are likely considering fighting back with a plea of "not guilty." Alongside a strong DUI attorney, this is possible.
The necessity defense is one option for those who are facing DUI charges. This type of defense is considered a form of justification. Rather than deny you participated in the act, you are discussing the value of the actions you took. You may be wondering how you can demonstrate that you absolutely needed to drive under the influence of alcohol. Read on to learn more.
When Could a Necessity Defense Work?
Let's say that you did not intend on driving while under the influence of alcohol, but somebody forced you with a weapon to get into your car and drive. They may threaten your life if you do not drive them, perhaps from the scene of a crime this individual committed. In this case, you don't feel that you have a choice.
You might also claim you had to drive if you had been attacked and needed to leave the scene of violence quickly. If somebody was chasing you or threatening you, you could make a strong case that driving under the influence was the only thing that saved your life.
The necessity argument relies on the fact that you avoided a more significant risk of harm or danger. You were trying to escape a bad situation and driving under the influence may have saved your life. A necessity defense best works when you can prove you had no lawful way of evading danger or harm. Video and photo evidence may be the best way to do this.
Additionally, you must prove that you believed driving was absolutely necessary. If you were able to escape harm by getting a ride with somebody else, for instance, this defense is not going to work.
When Does the Necessity Defense Not Work?
Of course, the necessity defense does not always work. One reason your defense might not work is if you contributed to the emergency. For instance, you might have got in your car to leave the scene of an attack, but perhaps you threw the first punches to start the attack.
Are you thinking about using the necessity defense? You may have success when you hire an attorney knowledgeable about your state's DUI laws. Set up a consultation with an attorney today to learn more about your legal options.Share