The State of Indiana has put into law a few defenses to crimes. We have all heard about self defense and entrapment. But there are a few lesser known defenses that individuals charged with DUI / OVWI should know about. One of those defenses is Necessity. The defense of Necessity is basically saying, “Yes I did commit the crime, but I had a really good reason to.” In the context of a DUI / OVWI charge (or any driving charge for that matter) you are essentially agreeing that you operated a vehicle while intoxicated but you did so in order to avoid a greater harm.
The Marc Lopez Law firm has successfully presented this defense at trial. We were able to obtain a not guilty verdict as to all counts as the Judge agreed a person being fired upon and in fear of their life can leave the dangerous situation. Even if that person is legally intoxicated. Of course, all cases are different and this example does not guarantee future success.
Necessity is not a common defense, but please be sure your lawyer knows about it and explores if it is an option with you.
Attorney Marc Lopez represents individuals accused of drunk driving and other criminal charges in the greater Indianapolis, Indiana area. Call Attorney Marc Lopez today at (317) 489-9611 or contact him through e-mail.