What is the necessity defense and is it applicable to my DUI case?
If you had no choice but to drive because of some type of emergency where you or another person were faced with bodily injury or death, and you were charged with driving under the influence, then you may be able to utilize the defense of necessity.
Situations commonly arise where people are forced to drive even though they may have been drinking. The most common situations involve medical emergencies, domestic violence or crime, and minor children.
The necessity defense may completely absolve or clear you of any criminal conduct—it could result in a verdict of not guilty, DUI charges or sanctions being reduced, or DUI charges completely dropped.
Call Soler & Simon at (941) 444-5128 to speak to an attorney to discuss whether the defense of necessity is applicable to your case.