Question Presented
Will James Whitten be successful in claiming the affirmative defense of necessity in driving under a suspended license?
Brief Answer
Probably yes. In Garner, a person driving under a suspended license may be found not guilty under the affirmative defense of necessity if he was compelled under threat of imminent death or harm to self or others, had a sense of urgency concerning the circumstances that made it necessary for him to violate the law, and that he ceased conduct as soon as the threat subsided. Gar. Stat. tit. 24, §135(A)(1)-(3) (2011).
Summary of Facts
On March 1, 2016, Skylar Sloan planned to spend the night with James Whitten at his home in Normal, but asked Whitten to ride with her to Stoopsville so she could let her dogs out of their kennel. Whitten’s driver’s license had been suspended, so Sloan drove. Whitten brought his puppy along for the ride. Whitten, who was familiar with signs of …show more content…
State v. Brownfield, 597 P.2d 1400, 1402 (Gar. 1984). This shows that the court is generally more concerned with the defendant seeking out reasonable, quality alternatives to avoid the crime rather than the quantity of attempts.
In this case, Sloan was insistent on completing the journey when Whitten asked her to turn around and anyone who has spent time with an intoxicated individual knows how dangerous their determination is. It is understandable that Whitten texted his daughter instead of calling her because anymore a text is the equivalent of leaving a voicemail. Many people avoid phone calls as well as listening to voicemails but will take the time to quickly view a convenient text, so by sending the text Whitten was trying to elicit a timely
Will James Whitten be successful in claiming the affirmative defense of necessity in driving under a suspended license?
Brief Answer
Probably yes. In Garner, a person driving under a suspended license may be found not guilty under the affirmative defense of necessity if he was compelled under threat of imminent death or harm to self or others, had a sense of urgency concerning the circumstances that made it necessary for him to violate the law, and that he ceased conduct as soon as the threat subsided. Gar. Stat. tit. 24, §135(A)(1)-(3) (2011).
Summary of Facts
On March 1, 2016, Skylar Sloan planned to spend the night with James Whitten at his home in Normal, but asked Whitten to ride with her to Stoopsville so she could let her dogs out of their kennel. Whitten’s driver’s license had been suspended, so Sloan drove. Whitten brought his puppy along for the ride. Whitten, who was familiar with signs of …show more content…
State v. Brownfield, 597 P.2d 1400, 1402 (Gar. 1984). This shows that the court is generally more concerned with the defendant seeking out reasonable, quality alternatives to avoid the crime rather than the quantity of attempts.
In this case, Sloan was insistent on completing the journey when Whitten asked her to turn around and anyone who has spent time with an intoxicated individual knows how dangerous their determination is. It is understandable that Whitten texted his daughter instead of calling her because anymore a text is the equivalent of leaving a voicemail. Many people avoid phone calls as well as listening to voicemails but will take the time to quickly view a convenient text, so by sending the text Whitten was trying to elicit a timely