Axelberg v. Commissioner of Public Safety

The majority concludes that the common-law defense of necessity is not available in an implied-eonsent proceeding under Minn.Stat. § 169A.53 (2010). While *688we recognize that no Minnesota appellate court has ever expressly recognized the defense, no published opinion has foreclosed its availability. Because I believe that the defense is available in cases where extraordinary circumstances exist, I respectfully dissent.

On May 30, 2011, appellant Jennifer Ax-elberg faced the agonizing choice of remaining trapped in a car while her violent husband tried to break the windshield to beat her up or…