Chicago DUI lawyer believes the necessity defense should be honored for a DUI

Wow! As a Chicago DUI lawyer I didn't think I would see the day when a DUI should be dismissed based on the legal concept of necessity. The necessity defense essentially says, yes I broke the law but I had no choice.

June 25, Wilkes-Barre, PA

A woman arrested by city police on evidence of drunken driving with a child in the vehicle claimed she was fleeing an abusive man in Plains Township early Wednesday morning.

City police said they were alerted to an intoxicated woman driving a Jeep Liberty traveling from Plains Township to Kingston just before 1 a.m.

Fedo, 38, of Kingston, claimed she fled a home on Second Street, Plains Township, with the child after she was punched in the face by Lawrence Joseph Casey, 22, of Ashley, according to arrest records.

While Fedo was being questioned in the parking lot, police said an intoxicated Casey showed up in a vehicle.

Fedo was charged with endangering the welfare of children, resisting arrest, driving under the influence, possession of marijuana, disorderly conduct and failing to secure a child in a safety seat. She was released on $5,000 bail.

Casey was charged by city police with driving under the influence, and by Plains Township police with simple assault and harassment. He was released on $5,000 bail.

Fedo was removed from the vehicle by force, police said.

She was taken to Wilkes-Barre General Hospital for a blood-alcohol test and for facial injuries she allegedly sustained when she was assaulted.

It looks like Ms. Fedo fled after she was already assaulted. I guess she didn't get very far away since her the alleged abuser shows up at the scene while the police were questioning her. I hope she gets the help she needs and I hope she prevails on her DUI charges.