Can I Get a DUI Overturned If I Was Driving Due to an Emergency?

[Ohiogal]

This was apparently the wrong place to look for legal advice. Your opinion is not welcome or warranted. Everyone is perfect and until stuff happens to them! Remember this. "Let he who is without sin cast the first stone!"

A) I don't drink and drive.
B) I have never been pepper sprayed.
C) I have never been in a bar fight.
D) I have never been arrested.
E) I have never been charged with DUI or public intoxication.
F) What I stated was legal fact.
G) Drinking and driving endangers everyone on the road.
H) You were caught this time but I bet it wasn't the first time you drank and then drove.
I) Guess I am without sin in this matter. Go figure.

As others have said --
J) what hospital did your brother go that evening?
K) How did he get there?
L) How many drinks did you have? Did he have?

Try to realize the reality of the situation. Your actions and attitude here explains a lot.

 

[FlyingRon]

Often a court will permit a defense to certain crimes when they are broken to the extent needed to meet an emergency situation when there is no other sane option. However, they are strongly disinclined to do so when the emergency is of one's own making. In your case

1. You were intoxicated.
2. You got into a bar fight.
3. You fled intoxicated in a car.

So all of this is proximate to your own illegal actions and further your imagined "emergency" is disingenuous. Driving a mile down the road (even if we believe the story that you were headed for emergency care) is not the extent needed to meet the emergency. You were NOT in further danger once you stepped outside the bar.

 

[quincy]

The outcome of hassonjohn's DUI charge will depend on several factors, with one important factor being the condition of hassonjohn's brother (ie, the medical emergency), and another factor being hassonjohn's BAC and if this was his first offense, and another factor being the willingness of the prosecutor to agree to a reduced charge (perhaps wet reckless).

The best chance hassonjohn has of having his charge reduced (or dismissed - although it appears a dismissal is unlikely based on what has been posted) is to have a good, experienced attorney helping him. He will not be able to get the charge reduced on his own (more than likely).

His best action is to contact an attorney and then get alcohol counseling, before it is ordered by the court (which it probably will be). He needs to show the court that he is taking the DUI charge seriously. The AA link provided by Rwedunyet is one hassonjohn would be smart to check out. Anyone who has consumed so much alcohol that s/he becomes involved in a fight, and then decides to drive a car instead of calling the police, has a problem with alcohol.

 

[tranquility]

Voluntary intoxication is not a defense to a crime. You had too much to drink, engaged in a confrontation and got into a fight and then chose to leave. You should have gone earlier.

But, as stated, you are free to pay an attorney to try and raise a necessity defense.

So, since your brother needed a doctor, did he actually see one? if so, what was his condition and what was required to be done for it?

Traditionally, one does not claim a "necessity" defense based directly on the actions of others. It tends to be reserved for physical forces of nature. What the OP is actually claiming is duress. (United States, v. Contento-Pachon, 723 F.2d 691 (9th Cir. 1984)) Modernly, many courts are blurring the distinction between the two. But, even with a necessity (or duress) defense, the defendant must not be personally at fault for bringing about the coercion. When determining the level of fault, the law divides culpability between intentional, reckless and negligent. Here, it is difficult to ascertain what a court might find the motivating factor. Was it the dispute? The defense from others? The decision to not call the police of flee to another business? Each could mean a different level of intent and all would depend on the facts and the testimony of others.

I don't see this as being a winner in these circumstances unless one can convince the DA not to charge or to reduce the charge to a wet reckless. If it actually gets to court, even with an attorney, the OP is unlikely to avoid responsibility.

 

[Zigner]

I agree. The circumstances did not allow for that. Had I stayed and called the cops or an EMT the situation would have gone from bad to worse. I was in pretty bad shape and so was my brother. I was actually fleeing for fear of being seriously injured or worse.

Yet, the response time of the police allowed for them to pull you over within a mile of the bar. That alone shows that your claims are without merit.

 

[davew128]

This was apparently the wrong place to look for legal advice. Your opinion is not welcome or warranted. Everyone is perfect and until stuff happens to them! Remember this. "Let he who is without sin cast the first stone!"

That wasn't an opinion. If you were DUI and based on the incident at the bar, then had you been on foot you could have been arrested for 647PC. Depending on where you were in SD (I'm thinking Pacific Beach) this stuff happens ALL THE TIME.

 

[davew128]

Yet, the response time of the police allowed for them to pull you over within a mile of the bar. That alone shows that your claims are without merit.

Agreed, and if its where I think it was, there's a firehouse and ambulance about the same distance away as the cruiser(s) that pulled him over. Its 10-12 minutes to the nearest ER, but paramedics could have treated the friend unless it was life threatening.

 

[betachains]

San Diego, Ca
**************
Any hope to defend this?

Almost certainly no for driving because of an emergency. But, there are still the usual considerations for a DUI case. Get a lawyer to look into it.

Also, you indicated that the bar patrons may press charges against you for assault, so meeting a few lawyers now may be helpful if that matter proceeds.