What are the chances at getting a DUI dropped if your soul purpose in driving was trying to save somebodys life?

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What are the chances at getting a DUI dropped if your soul purpose in driving was trying to save somebodys life?

I was hanging out with some friends last year and this girl dragged this guy out from another part of the house. He was foaming at the mouth and dying from overdose. Despite my several attempts to avoid driving, nobody had a phone that worked at the time, so I grabbed him and threw him in the car and headed to the hospital. Less than 2 miles down the road ,and 4 miles from the hospital., I was pulled over for wreckless driving. I got a DUI and had a joint in my pocket which I admitted to. I blew a .16 trying to save somebodys life.I take it to trial in about 2 weeks. What are my odds? I have no priors.

Asked on April 9, 2012 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can plead necessity, which is a defense to criminal liability. (The law recognizes that you may sometimes have to break the law to save a life or avoid a greater harm.) The facts will weigh heavily in determing your sucess or not--for example, you say a "girl dragged this guy out from another part of the house"; there was no telephone anywhere in the house? No cell phones at a all? No not-drunk person to drive?  Etc. If the judge and/or jury do not believe that you had no other options, necessity will not help you.

If you don't have one already, retain an attorney to represent you. Counsel experienced in DUI/DWI  matters will greatly increase  your chance of either avoiding criminal liability or  at least minimizing it.


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