People v. Pena

Deputy Webb found Russell Pena (defendant) and his girlfriend Marrufo asleep in a parked car, searched them, and then, over Marrufo's objections, put her alone in his patrol car to drive her home. Pena, fearing for her safety, drove after the patrol car and was later arrested and charged with driving while intoxicated. At trial, Pena sought to raise a necessity defense based on his fear for Marrufo, but the court refused to let the jury consider it.