Shafer v. State

OPINION

RICHARDS, Justice.

The issue presented in this appeal is whether a defendant on trial for the offense of driving while intoxicated is entitled to a jury instruction on the defense of necessity where there is evidence the defendant was not intoxicated when she began driving, but subsequently became intoxicated during the drive and was attempting to stop the car at the time of her arrest. We hold a defendant in such circumstances is not entitled to an instruction on the defense of necessity.

Appellant Patricia Shafer was convicted by a jury of the offense of driving while intoxicated. A…