There are many types of defenses that can be used in a driving under the influence (DUI) trial, but today I want to go over the necessity defense. Basically what the defense means is that the accused driver had to drive to avoid more serious harm. While this defense is rarely used, it goes to show you that no DUI case is open and shut.
To be able to use the necessity defense one must show five circumstances were true. They are:
1. The driver believed for good reason they had to drive drunk to avoid injury or death.
2. The driver did not cause the #1 intentionally or by acting dangerously.
3. The driver had no other way to avoid serious harm other then by driving under the influence.
4. The driver was avoiding harm that was more serious then the harm caused by a DUI.
5. The driver immediately ceased to drive when the threat they were initially avoiding was no more
As long as they above 5 things are true the necessity defense may be an option in your DUI case. Whether you were rushing to the hospital after being stabbed, your home was broken into by armed criminals who you were fleeing, you had to get an insulin shot for your diabetes to avoid death, etc. the necessity defense may help you avoid a DUI conviction. As I said above this defense is rarely used, but it is just one of many weapons any good Florida DUI lawyer keeps in their arsenal.
If you have recently been charged with drunk driving or a different type of criminal offense in Bartow, Lakeland or elsewhere in Polk County, FL we can assist. Whether we use the necessity defense or one of the many other defense our attorneys have experience implementing, you are sure to be pleased with the results we can achieve for you. It’s not that we can guarantee we can help you avoid being convicted, but in such a case where we can’t we can help minimize the penalties you must suffer via plea bargain. However, with our track record I wouldn’t advice betting against us.
If you are serious about beating your Polk County DUI or related criminal offense contact a Lakeland DUI attorney at our firm for a free and confidential consultation now. We do ask you do this promptly, as our early intervention can make your case.
