State v. Farris

CRIST, Judge.

Defendant was convicted of driving while intoxicated and sentenced as a prior and persistent offender to seven years’ imprisonment. He appeals. We affirm.

Defendant claims he was entitled to a necessity instruction. He says there was an imminent danger of exposing children to traffic at night or of abandoning them if he had not driven while intoxicated, on the shoulder, to seek aid to fix a flat tire.

On April 8, 1988 at approximately ten o’clock at night, defendant’s intoxicated companion was driving her pickup south on a public highway. Defendant and his nine-year-old daughter…