Drunk Driving During Hurricane

This is a discussion on Drunk Driving During Hurricane within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; Question- If you want to assert the defense of necessity, because you were driving drunk to escape the hurriance. And when pulled over on your way to higher grounds, your ...

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    Drunk Driving During Hurricane

    Question- If you want to assert the defense of necessity, because you were driving drunk to escape the hurriance. And when pulled over on your way to higher grounds, your BAC was .08 and the officer was going to arrest you, as he was trying to arrest you the wind knocked him down and you fled the scene. Would this defense be allowable


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    It would seem that an officer would have more pressing matters to attend to during a hurricane than writing tickets. You can always assert the defense whether it will fly or not is a different question.
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