Friday, March 9, 2012

Is it legal to break laws if your life is endangered?

Here are a few examples and they are all theoretical.



Lets say some females are at a party and a male attempts to rape them Would it be legal for them to drive away from the scene under the influence of alcohol until they are no longer in imminent danger and then call 911.



Second Scenario is it legal to speed to get an injured person to a hospital not life threatening but serious injuries broken bone or something.



Third Scenario.

A crazy/road raged person is following you trying to run you off the road and you speed to get away.Is it legal to break laws if your life is endangered?
Yes, under duress law, you are able to avoid liabilities to a large extent..
1. IF the women can show a reasonable fear in that situation, they may be able to plead guilty with justification. They would still be convicted, but the sentencing judge would take the circumstances into consideration.



#2 NO. Unless the injury is life threatening, there is no excuse to speed. If the injury IS life threatening, then you had better be able to show an ambulance was not a more appropriate transport. In either case, the speeding is still illegal, but the sentence again could be reduced.



#3 First of all, that's dumb move, because speeding up would just encourage the road rage. It's totally illegal. I would be surprised if any judge bought the 'I was being chased' argument as an excuse, so I wouldn't expect to even see a reduced sentence in that case.



So, as you can see, the point is that laws always apply. In some circumstances, the sentence can be reduced if the judge believes you had a reasonable reason for the action.Is it legal to break laws if your life is endangered?
No, it is not legal to break the law if you are threatened. But, it is also up to the discretion of the police officer that stops you to decide if he/she will arrest or cite you for the offense. And, even if they do, it is then up to the judge to decide if the case should go forward or be dismissed.
If you can prove your life is in danger by rape, you sure can do whatever to save yourself. But remember, one does not have to lose life through rape and a woman can handle upto 6 men quite comfortably
It is illegal to break laws, because breaking laws is being illegal! But if you are in danger, I think you might be just warned.
Then it is called self defense.
  • map of idaho
  • jayco
  • No comments:

    Post a Comment