Reeve v. State

OPINION

SINGLETON, Judge.

Tammy Reeve was convicted by a jury of driving while intoxicated in violation of AS 28.35.030, and driving without a valid license in violation of AS 28.15.011(b). She appeals, contending that the trial court erred in failing to instruct the jury on the defense of necessity. We affirm.

The trial court considered Reeve’s necessity defense as an offer of proof pursuant to Alaska Evidence Rule 103(a)(2) (“Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected; and.... [i]n case the ruling is one…