Should you contact a Guilford Country defense attorney for a DWI defense? Yes! There are multiple affirmative defense that can be applied to a DWI charge that could possibly relieve you of the offense. For example, recently the court reaffirmed the defense of necessity in certain DWI situations.
The rational behind the necessity defense is that sometimes the greater good of society can only be achieved by violating certain language of criminal law. Therefore, a person may be justified in violating the law if complying with the law results in a greater harm than would result if the law was broken. For example, if someone is in a public place where they are intoxicated and had planned on catching a ride home some other way than driving, but then had reason to believe they were in peril and had no alternative choice but to drive themselves to safety, it could be the case that driving away from the peril is permitted via the defense of necessity.
The defense of necessity is broken down into three essential elements. The first element is that the defendant took reasonable action.
This action is judged objectively, meaning that a reasonable person in the same situation may have taken that same action. The second element is that the action must have been to protect the life, limb, or health of another person. This means that a person must have acted to save themselves or someone else from extreme suffering or peril. The third element is that there must have been no other option available. If necessity is a defense that you think may apply to your case, you should not hesitate to contact a Guilford County criminal defense attorney!
DWI defense are not limited to only necessity. There are other affirmative defenses as well, including duress and entrapment.
To learn more about these defenses, contact a Guilford County attorney today at 336-379-0539. The defense attorneys at Garrett, Walker, Aycoth, and Olson want to help you in your DWI case!