Brooks v. State

122 So.3d 418 (2013)

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Brooks v. State

Florida District Court of Appeal
122 So.3d 418 (2013)

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Facts

Christopher Brooks (defendant) was arrested and charged with driving under the influence (DUI) after a police officer pulled him over one night. Brooks had been driving on the highway at a high rate of speed and swerved across three lanes of traffic to make an exit, drawing a police officer’s attention. At his trial, Brooks argued that he was driving while intoxicated by necessity to transport his friend’s sick cat to a veterinary office. The evidence confirmed that Brooks’s friend and a sick cat were in the car with him and that a veterinary office was located close to the highway exit where he was stopped by police. The trial court declined to give a jury instruction on the necessity defense, and Brooks was convicted. He appealed.

Rule of Law

Issue

Holding and Reasoning (Wallace, J.)

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