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December 2018 Archives

DUI is legal if there is a "DUI Necessity Defense"

There is a DUI Necessity Defense making driving under the influence legal if there is a "Necessity" to drive under the circumstances to prevent significant bodily injury or evil to youself or others.  It is a valid defense to Driving Under the Influence and related sections and many other charges.  This defense must be looked at against the requirements of the Jury Instructions which define the "Necessity Defense".