State v. Nelson

¶1 On September 28, 2000, a jury found Michael Nelson guilty of Driving or Being in Actual Physical Custody .of a Motor Vehicle while under the influence of alcohol. Nelson appeals.

¶2 The following issue is dispositive:

¶3 Whether the District Court erred by failing to instruct the jury as to the defense of necessity?

BACKGROUND

¶4 Early in the morning of March 7, 2000, Michael Nelson was drinking at the Beaumont Club in Belgrade, Montana. The bartender, Mayrien French, testified that she served Nelson approximately four shots in about an hour and a half. Nelson’s own testimony indicated that he…