Comments on: The DUI Necessity Defense: Montana Supreme Court Rules That Woman Can Claim Necessity Defense in Driving Drunk to Avoid Fight http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/ Res ipsa loquitur ("The thing itself speaks") Sat, 11 Feb 2012 05:48:46 +0000 hourly 1 http://wordpress.com/ By: Stephanie wahl http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/#comment-137020 Sat, 05 Jun 2010 01:24:59 +0000 http://jonathanturley.org/?p=17352#comment-137020 Ohh…and yes cabs come out here…I just took one home last week…

]]> By: Stephanie wahl http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/#comment-137019 Sat, 05 Jun 2010 01:20:42 +0000 http://jonathanturley.org/?p=17352#comment-137019 I was the victim that night…and yes i did catch my husband kissing her and yes she did pull a gun on me that night….he left me and my 3 children to be with this girl….i am and have been a single mom now for 2 years since that night…so whoever said they witnessed this is and left a comment with no name is completely lying…i just told the truth….if you were there you would know the truth….instead you hide behind your lies….why would you care if anyone knew who you were if you were telling the truth….that does not make sense…you only hide behind your lies…..

]]> By: Shawn Collins http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/#comment-116366 Wed, 03 Mar 2010 09:48:44 +0000 http://jonathanturley.org/?p=17352#comment-116366 Oh, CRAP! I forgot one MOST important point!
A friend of mine and I walked home from a bar 4 blocks from my house. We DID call a cab (waited almost an hour…never showed). It was cold out and we didn’t want to walk but the bar was closing. We had permission to leave his car there. One block from my house, the police stopped us wondering what we were doing walking in the neighborhood at the time of morning. He saw I lived a block away. We were NOT loud or boisterous. We were simply walking. It’s fine to check us because we’re suspicious. What happened NEXT boggles the mind:
We were both arrested for Pedestrian Under the Influence, driven 5 miles to the station. 30 minutes later we were given our tickets and released…TO WALK HOME! (hmmm…why not call a cab? Well, they let us use the phone to call someone to bond us out, but not for a cab). This was in downtown and with the prevalance of cell phones, the closest payphone was actually FARTHER than walking to my house.
So let me ask you this: What should I have done?!? I’m sorry for the rant, but that comment about “don’t they have taxis in Wisconsin” or wherever the hell this happened…that REALLY set me off!

Shawn

TRUE story!

]]> By: Shawn Collins http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/#comment-116365 Wed, 03 Mar 2010 09:44:48 +0000 http://jonathanturley.org/?p=17352#comment-116365 I just read a few responses and the first one (by Rafflaw) made me laugh my ass off! SURE!!! I’ll wait around for a cab! Of course, in the time it takes the taxi to arrive, you might as well call an ambulance, too! Same goes with calling the police! If they are immediately there and present, FINE! We all know, as a matter of practical life experience, that immediate police presence when calling 911 is VERY rare!
I’m not condoning drunk driving at all. But come one! There’s a weapon involved and you want me to either: 1) call and WAIT for a taxi or; 2) Call 911, who will get there faster than a taxi, but it only takes a moment to pull a trigger! COME ON!!!
There’s a saying: “I’d rather be tried by twelve than carried by six”. That is MOST applicable in this case!

Shawn

]]> By: not allowed http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/#comment-94449 Thu, 03 Dec 2009 05:21:44 +0000 http://jonathanturley.org/?p=17352#comment-94449 as a witness to the whole incident, it was not just the altercation between the two women, a small crowd of people were aggressively coming at her. She was hit in the mouth by one of the men. She had to drive away to avoid being attacked again.
She was not, by the way, fooling around with another woman’s man, the other woman said she saw them kissing, they were not, I was a witness to that too.
One more thing, there are no cabs that come out of town that far, even, when called, they refuse.
and she had a public defender, which makes this case even more incredible.
I hope this answers some of your questions.
As a witness, I cannot give my name here.

]]> By: Anonymously Yours http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/#comment-91030 Tue, 17 Nov 2009 13:25:26 +0000 http://jonathanturley.org/?p=17352#comment-91030 I am interested to know if the attorney in this case was Court Appointed. If he was, congratulations. I think that the trial attorney was or we would have never heard about this case from any source. If you catch what I mean.

]]> By: Anonymously Yours http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/#comment-91029 Tue, 17 Nov 2009 13:22:36 +0000 http://jonathanturley.org/?p=17352#comment-91029 Buddha,

Turah, MT is outside of Missoula off of I-90. You are correct there is a lot of empty in MT. But I believe that it is about 8 miles SE. It is still a barren stretch of road between the two cities. As far as cab/ taxis go. There are some within the proper.

But hey lets face it, she was screwing around with another woman’s man. I believe women out number men in the populated city’s. She was gonna get in a world of hurt even without this.

]]> By: Buddha Is Laughing http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/#comment-91013 Tue, 17 Nov 2009 12:29:58 +0000 http://jonathanturley.org/?p=17352#comment-91013 Raff,

“Do they not have cabs in Montana?”

No. Not really. Depending on where she was, Montana has a lot of empty.

It is an interesting defense though. Reminds me of a time I saw a guy get a violation of a restraining order dismissed as void ab initio. Got to admire the creative argument.

]]> By: rafflaw http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/#comment-90955 Tue, 17 Nov 2009 01:40:34 +0000 http://jonathanturley.org/?p=17352#comment-90955 Are we sure that this case actually happened in Texas? I have never heard something so ridiculous as this. Do they not have cabs in Montana? Do they not have police that could be called if she was “forced” to drive to avoid the fight? Crazy.

]]> By: Anonmously Yours http://jonathanturley.org/2009/11/16/the-dui-necessity-defense-montana-supreme-court-rules-that-woman-can-claim-necessity-defense-in-driving-drunk-to-avoid-fight/#comment-90854 Mon, 16 Nov 2009 16:03:09 +0000 http://jonathanturley.org/?p=17352#comment-90854 Sounds like a damn good defense to me in Big Sky country.

Was this a retained or court appointed case?

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