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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
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.
Expert Solution
Answer:
The driver has no defense for drunk driving. Since the driver was also inebriated, the best option he could have taken was to phone an ambulance to come pick up his friend and take him to the hospital, or to have a sober friend drive his injured friend to the hospital. By diving while inebriated, he demonstrated his carelessness and put his life and that of his friend at jeopardy. He might have caused an accident. Among other things, he might be prosecuted with public intoxication.
https://www.texasdwilawfirm.com/faqs/can-a-passenger-be-charged-with-a-dwi-in-texas
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