Pasco v. State, Department of Administration, Division of Motor Vehicles

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Jeffery Pasco attempted to operate a Plymouth station wagon while he was significantly intoxicated. He claimed at his administrative license revocation proceeding that he was trying to move the vehicle because it was on fire and the fire threatened his nearby home. The hearing officer rejected this "necessity" defense. We affirm, because substantial evidence supports the hearing of ficer's finding that Paseo was not attempting to drive the car in response to an emergency.

II. FACTS AND PROCEEDINGS

Jamie and Bruce Oskolkoff woke up very early on the…