Written by attorney W. Scott Hanken

The Defense of NECESSITY in DUI Prosecutions (Battered Woman Syndrome)

Although not often employed, the author recently invoke the Affirmative Defense of Necessity in an Illinois prosecution for DUI. This guide lays out the framework and procedure for employing such a defense.

Additional resources provided by the author

Necessity justifies illegal conduct if that conduct was the sole reasonable alternative available to the defendant given the circumstances of the case and it involves a choice between two admitted evils where other options are unavailable. People v. Blake, 168 Ill. App. 3d 581, 119 Ill. Dec. 160, 522 N.E.2d 822, 1988 Ill. App. LEXIS 606 (Ill. App. Ct. 3d Dist. 1988).

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