What do I do if I was given a DUI while fleeing from someone I had an order of protection on

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What do I do if I was given a DUI while fleeing from someone I had an order of protection on

The court had recently placed an order of
protection against my ex boyfriend and he
came to a club that I was at and kicked in
my windshield and slapped me across face so
I left . I drove to family members home and
was in driveway exiting my truck when a
vehicle drove slowly past driveway then
backed up and pulled in behind me it was
then that I saw it was a cop. He saw that I
was extremely upset and I began to tell him
about my ex kicking in windsheild and
hitting me and informed him there was an
active OOP on that person but the officer
was not interested at all and he placed me
under arrest for DUI .He also had my truck
towed and I begged him to please have cops
from the town I live in to go to my apt
because I feared my ex may have gone there
and break in and vandalize it because he had
done it several times before and cops were
notified but no arrest was made.After 4 hrs
he finally called them and my apt was
secure.I feel that I didn’t deserve the dui
and what can I do about officer ignoring the
prior situation and the cop didn’t have
lights or sirens on when he was following me
and entered into private property.Do I
have.a defense ? And what should I do I
don’t have an attorney.

Asked on March 25, 2017 under Criminal Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you do not have a defense. There is no defense for DUI for "necessity"--for feeling that you had to drive while intoxicated. Even if you were trying to get someone bleeding from an injury to a hospital, if you were intoxicated at the time, you'd be charged with DUI. The law expects you to do something other than drive impaired--such as, in your case, calling the police (calling 911) when your ex showed up at the club. The officer did not need to take your situation into account, and a judge does not, either.


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