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Necessity Defense Explained

January 20, 2016 • DUI Defense

A DUI attorney Miami may explain a variety of defenses that may apply in a DUI case as part of his or her representation of someone suspected of drinking and driving. One such defense that Miami DUI lawyers is that of necessity.

Definition of Necessity

A defense of necessity arises when a person actually has to drive because of some exigent circumstance.

Examples of Necessity

One example of necessity is if there is an emergency. If a person has had some drinks and then a loved one suddenly suffers a medical emergency, the person who drank may feel that there is no alternative but to drive the victim to an emergency room. If there is no time to wait for an ambulance because the situation is that dire, a defense of necessity may arise.

Another potential time when the defense of necessity may arise is when the suspect is trying to escape a situation to protect his or her own safety or that of someone else. For example, if the suspect is being threatened by an abusive partner or other person, the suspect may fear for his or her life and flee in a vehicle. This type of defense usually depends on the suspect being able to communicate the reasons for driving even when the suspect knew that he or she was intoxicated. The suspect must discuss why driving was the lesser offense.

Legal Assistance

For more information on the necessity defense, contact a DUI attorney Miami from the Law Office of Antonio G. Jimenez.