Can a Greensboro DWI attorney (Greensboro DUI Attorney) protect you if driving was necessary? Yes, necessity and duress are both defenses to DWI and DUI.
In North Carolina, under modern law, the defenses of Necessity and Duress are often indistinguishable from each other.
A defense to a charge of DWI of necessity or duress may result in the exoneration of the person charged.
For example, if an individual is in a bar, and someone starts shooting at them, they may be justified in driving away to escape the dangerous situation.
The standard of proof on such situations is NOT “beyond a reasonable doubt,” but a lesser burden, “to the jury’s satisfaction.” Three elements must be proven: 1) reasonable action was taken; 2) to protect life and limb or health of a person (it can be applied to protecting another as well); and 3) there were no other acceptable choices available. Credible evidence must be presented by the defendant on each element, and the threat must be imminent or present.
The driving should end reasonably as soon as enough distance and time has gone by and the danger has passed.
If you have an issue in impaired driving case, DWI or DUI, contact the Greensboro DWI lawyers at Garrett, Walker, Aycoth and Olson today. An experienced Greensboro DWI attorney or Greensboro DUI lawyer can make the difference in your case. We prepare every case as if it is for trial, and are always happy to discuss possible DWI defenses with you. Call our Greensboro DWI attorneys at 336-379-0539 today!
- Continuing Legal Education Instructor of the Year, North Carolina Bar Association
- Former President, Greensboro Criminal Defense Lawyers Association
- Board Member, Criminal Justice Section, North Carolina Bar Association
Talk to a Greensboro traffic and DWI lawyer today
Bring the citation, any DMV letter and your court date.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.