Legal Question in Criminal Law in California

My question is, is imminent danger enough reason to drive if one has been drinking?

The full scenario. My son is in the Navy. He is stationed down in San Diego. He went out to a bar. [Unknown location] He don't remember the details. I suspect he had a concussion. What he vaguely remembers is four men attacking him. Beating, stomping, and kicking him. He manege's to get to his feet, and flees to his car for an escape. He found out at arraignment that He flagged down the police. His eye was swollen and red, three broken teeth, and he had three fractured ribs. This found after he went to a doctor on his own. The police recused him medical, after he declined pressing charges. {he had no idea who, or what they looked like} The cop then arrested him. Went to traffic cams to verify driving. Now, Wouldn't that then be a way to try and identify the attackers as well? And shouldn't The attackers be the priority? Well my question is, was it prudent for him to drive in light of the circumstances? and any case law to support this. Thank you sincerely for your time. My sons career as a medic weighs in the balance. J. Cowan


Asked on 3/09/19, 10:26 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Of course it is a way to try to defend against the charges. I'd be happy to represent him in that defense. But, it will likely be a hard sell to the DA, Judge or Jury, when he could have locked himself in his car instead of driving, but was too inebriated and/or injured to think rationally. He also has 'sympathy' defense, and that too may have a chance under his circumstances. If serious about hiring counsel, contact me at 714-960-7584 to discuss.

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Answered on 3/09/19, 4:35 pm


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