A woman in North Carolina successfully argued her defense in a DWI trial by convincing the jury she drove drunk out of necessity.
Christine Black, in what a Superior Court Judge called a "rare" case in a comment to The Pilot, shared that she had to drive under the influence and speed because she was transporting her son to the emergency room. She feared for his life at the time; it is legal to commit a crime when under threat of death or injury.
A jury agreed with Black's argument that she did not have an option in this particular incident. So, despite the fact she was, beyond any doubt, speeding near 80 mph after having drunk too much wine, Black was found not guilty of both DWI and speeding.
Black's BAC was measured at .14% at the time of her arrest. She admitted to the officer that she was both drinking and speeding during her arrest. Black was apprehended when she sped into the hospital emergency parking lot, jumping out of her car in order to deliver her 16-year-old son, who had been suffering from illness the weeks prior to the incident, to the hospital.
The emergency came when the boy complained of tightness in his chest, saying he could not breath and feared he may die without medical attention. In response, Black was in such a panic that she left the vehicle running and doors open when she delivered him to the hospital. On the surface this may seem like an obvious case of necessity, but the true determinant is whether or not Black had other options.
The prosecution argued Black could have asked someone else to drive or call 911 - both reasonable options. For this reason, the prosecution believed Black was not acting out of absolute necessity to protect a life. The jury disagreed, and Black will face no further penalties for her actions that evening.
