I was driving someone to the ER with a suspended license and was pulled over, do I have a case?

The fact is that emergencies happen all the time. People deal with the emergency quickly and might violate a law. Often, the emergency might require that the person has access to a vehicle. Perhaps, an accident happened and they need to get a friend to the ER. They are driving along the highway to the hospital at top speed. A cop signals for them to pull the vehicle over to the side of the road. They follow the cops instructions. They try to explain the emergency situation to the arresting officer.

Valid Reasons

First, let’s look at the situation. The officer must past the validity test. The police officer must have a valid reason to stop the vehicle. For example, the suspect was speeding, ran a red light, hit another car, hit a person, was driving recklessly, seemed under the influence, had defective headlights, had defective tail-lights, not wearing a seat belt, following cars too closely, driving the wrong way, weaving in and out of traffic, and more. These are all moving violations that give the officer a right to stop the vehicle and ask the driver for license and registration.

Defense Lawyer

The officer has the right to arrest the driver for any of the traffic violations or driving with a suspended license in most states. The fact is that anyone driving with a suspended license could be arrested and the car impounded. However, it is a good idea to contact an experienced criminal defense attorney immediately for more details on the rights that the driver might have under the law. The lawyer might be able to use the necessity defense law under this situation. In basic terms, a necessity defense law applies to crimes that were committed to alleviate a very detrimental circumstance.

Necessity Defense Law

Does the necessity defense law apply to all emergency situations? Well, an experienced criminal defense lawyer will sort out this problem and answer the question for the client. Usually, a large number of medical cases fall under this type of defense. Fortunately, many courts recognize this type of legal defense and the criminal behavior or act is excused. Still, it is best to consult with a criminal defense attorney for more specific information.

Remember, you do not have to face the legal system alone. Whether you have been accused of a major crime or a misdemeanor, The Nahajski Firm is there to supply legal guidance and representation. Call us at 206-621-0500 or contact us for a free consultation with an experienced criminal law attorney today.