Breaking News: Minnesota Supreme Court to Rule on Necessity Defense in DWI Cases This Wednesday

Posted On May 19, 2014 by Daniel Koewler

Last August, the Minnesota Supreme Court accepted several cases dealing with Minnesota's DWI laws. One such case was the Axelberg case, where the Court is being asked to decide if "necessity" is a valid defense to driving over the legal limit. That decision is coming out Wednesday.

We talked about the facts of the Axelberg case in a previous post, but just to recap, the driver in Axelberg was hiding and eventually fleeing from a highly physical domestic abuse situation in a rural area when she had her license revoked for driving with an alcohol concentration over the legal limit. Soon, the Minnesota Supreme Court will decide if drivers like Axelberg can raise the defense of "necessity" . . . or if there is never a situation where someone who is over the legal limit can enter (much less drive) a motor vehicle.

We submitted an amicus brief in the Axelberg case, on behalf of the Minnesota Society for Criminal Justice and the Minnesota Association of Criminal Defense Lawyers, so we're watching this case even more closely than most. Stay tuned - we'll be posting soon with our thoughts on this very important case as soon as the decision is issued.