State v. Cole

Harwell, Justice:

Appellant Roger Wayne Cole was convicted of driving under a suspended license, second offense, in violation of S.C. Code Ann. § 56-1-460 (Supp. 1989). The question presented is whether we recognize necessity as a defense to driving under a suspended license.

I. FACTS

Appellant stipulated that he was driving under a shspended license. However, appellant claims that there were emergency circumstances which justified his driving. Appellant testified that his wife, who was six months pregnant, was having pains in her back and stomach and needed help. Appellant did not have a…