Sometimes in a DUI case, there are affirmative defenses. Although rare, our office has had to bring up the affirmative defense of necessity. In that case, we successfully argued that our client was being followed by an enraged driver.

In preparation for a DUI jury trial, we were able to obtain under Florida Statute Ch. 119, the public records statute, a recording of the 911 call and we ended up playing that for the jury as we argued that our client could have been killed by this enraged other driver. We were successful in getting a jury instruction that set forth the affirmative defense of necessity. As a result of our legal argument, the jury ultimately returned a verdict of not guilty. If you are facing a Hillsborough County DUI, and you believe that your driving was out of necessity, call our office at 813-200-4213. There are attorneys standing by to discuss the particular facts of your Hillsborough County DUI case. We answer our phone 7 days a week