Legal Question in Criminal Law in Arizona

fleed house w/child while intoxicated to prevent d.v

during a domestic dispute with my husband i had called 911 for assistance after talking w/the operator on my cell (i had dranken about 5 glasses of wine pevious to call or arguement ) i took my 3yr old son w/me to the corner gas station.The operator had called me back and told me to return to the scene. i did and upon return i was given a breathlizer and sobriety test and had failed and ended up having to do a blood test. my husband was not cited or taken into cusody for the dispute. i felt as though me and my son might have been in danger for there was a handgun in the house and thats why i had left. im now facing 4 counts of agrivated dui for dwi, driving intoxicated with a minor,and driving on a suspended license.should i plead guilty or is there just cause for me leaving the house?


Asked on 10/16/03, 3:00 pm

1 Answer from Attorneys
Mark Lazell Mark Lazell P.C.

Re: fleed house w/child while intoxicated to prevent d.v

Necessity defense not available for DUI, see State v. Fell, 203 Ariz. 186, 52 P.3d 218 (Ariz.App.Div.2 08/22/2002). Best way to fight Aggravated DUI may be to prove that you did not know your license was suspended.

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Answered on 10/16/03, 3:13 pm


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