Allen v. State

OPINION

MANNHEIMER, Judge.

Dominic Allen appeals his convictions for driving with a suspended license and violating the conditions of his release (based on the same act of unlicensed driving). Allen con*1107tends that his trial judge should have instructed the jury on his proposed defense of necessity. For the reasons explained here, we agree with Allen and we therefore conclude that he is entitled to a new trial.

Underlying facts, and the trial judge’s ruling on Allen’s proposed defense of necessity

On the evening of April 24, 2003, a state trooper pulled Allen over for driving with his headlights…