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A young man named Roger was drinking with a friend, his friend fell down the fire escape and gravely injured himself sustaining a very serious head injury

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A young man named Roger was drinking with a friend, his friend fell down the fire escape and gravely injured himself sustaining a very serious head injury. To make matters worse it was late at night and both were locked out of the building. Roger who knew he was intoxicated decided to drive his friend to the hospital, he didn't get far. Roger was pulled over and arrested and an ambulance was summoned for his friend. Based on this fact pattern does Roger have any defenses to drunk driving? If so what are the elements of the defense. Be sure to cite any support for your position.