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HOAGLAND v. STATE

No. 52704.

240 P.3d 1043 (2010)

Richard William HOAGLAND, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

October 7, 2010.

Attorney(s) appearing for the Case

Philip J. Kohn , Public Defender, and Philip David Westbrook and Casey A. Landis , Deputy Public Defenders, Clark County, for Appellant.

Catherine Cortez Masto , Attorney General, Carson City; David J. Roger , District Attorney, Steven S. Owens , Chief Deputy District Attorney, and Lawrence James O'Neale , Deputy District Attorney, Clark County, for Respondent.

BEFORE HARDESTY, DOUGLAS and PICKERING, JJ.

OPINION

By the Court, HARDESTY, J.:

In this appeal, we consider whether necessity may be asserted as a defense to a charge of driving a vehicle while under the influence of intoxicating liquor (DUI). Because necessity is a common law defense and the Legislature has not limited its use, we conclude that necessity is available as a defense to a charge of DUI. However, we conclude that the district court did...

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