Polk County drivers are pulled over for DUI on a frequent basis, but few people realize that in certain narrow circumstances there Polk County DUI lawyer may be able to assert a defense based on necessity. A necessity defense is based on extremely compelling circumstance that requires one to drive to avoid a more serious harm. In some circumstances, this defense may be available when a defendant faces pending DUI charges.
The most common example of a necessity defense would include a medical emergency in which a driver needs to drive oneself or someone else to a hospital for medical treatment. Under Florida law, the defense of necessity is based on the following elements that an experienced DUI lawyer might use in a case where a driver is charged for DUI:
• The driver reasonably believed it was necessary to drive while intoxicated to avoid an imminent threat of serious bodily injury or death;
• The driver did not act recklessly or intentionally in creating the circumstances which required him to drive while intoxicated;
• No other adequate means existed to avoid the serious harm;
• The harm that the driver avoided by driving while intoxicated is worse than the harm of DUI;
• The defendant ceased driving while under the influence as soon as the apparent necessity ended.
"While this is a narrow defense, it may theoretically be available to a driver accused of DUI depending on the circumstances," said experienced Polk County DUI Attorney John Musca. "This is a defense that is difficult to assert in a criminal case and fairly novel in a DUI case so only an experienced DUI lawyer should assert this type of defense," Musca said.
No Florida appellate court has definitively ruled on the issue of whether a defendant may assert a necessity defense in a DUI case. Courts have split on the issue of whether to permit a necessity defense in a Florida DUI case. At least one appellate court decision has reversed a lower court ruling refusing to permit a necessity defense in a DUI case. Several other states have permitted a DUI defense to necessity and an experienced DUI lawyer in Polk County and elsewhere in Florida may be able to assert such a defense under the appropriate circumstances.
Contact a knowledgeable Polk County drunk driving defense attorney to work for you. Musca Law Firm has handled countless alcohol related cases in Polk County and throughout the State of Florida. Our firm has over 100 years of combined experience and we understand the complexities of the justice system. Experience does make a difference with the outcome inside the courtroom. Contact Musca Law for a consultation and an in depth review of the charges against you.
