City of Naperville v. Watson

Defendant contends the trial court erroneously barred him from asserting the affirmative defense of necessity. I disagree with the majority’s refusal to address this contention. Further, I agree with defendant that he had the right to present the necessity defense to the jury. Accordingly, I dissent.

Initially, I agree with the majority that Illinois Vehicle Code section 11 — 501(a) (625 ILCS 5/11 — 501(a) (West 1994)) does not excuse an intoxicated person from "sleeping it off” in a parked vehicle. The majority correctly interprets section 11 — 501(a), based on the provision’s plain language,…