Axelberg argued that she should be able to use what’s known as the necessity defense as an excuse for her drunk driving. The necessity defense is claimed when a person argues that emergency circumstances existed that meant they had no choice to break the law, usually when their life or the lives of others close to them are threatened.
The Supreme Court, in a very contentious decision, sided against Axelberg. The Court voted 4-3 that her license suspension was valid and that the necessity defense could not be claimed under current Minnesota implied-consent law. The majority held that the current implied-consent law makes clear that any revocation hearing will be limited to discussion of only 10 issues, and the necessity defense does not appear on that list.
Additionally, the majority said that the necessity defense has historically only been used in criminal cases. In this case, Axelberg’s license suspension is not a criminal matter, but instead an administrative decision.
The dissenting justices were vehement in their disagreement, saying that majority opinion created a dangerous precedent where some women might have to choose between their own safety and drunk driving charges. Justice Alan Page wrote that the decision meant that victims of other crimes, such as sexual assault, kidnapping or other forms of physical violence would similarly be put in a position to choose between their own welfare and committing a crime.
The hope of many is that the Minnesota legislature takes up the issue and modifies existing laws to allow for exceptions in extraordinary cases like Axelberg’s.
Source: Article by David Chanen, published at StarTribune.com.