Updated: 12/12/2013 7:13 AM
Created: 12/12/2013 7:07 AM KSTP.com
By: Jennie Olson
A high profile DWI case will go before the Minnesota Supreme Court on Thursday.
The court will rule on whether a victim of domestic abuse can drive away from her attacker if she’s legally drunk at the time.
The incident happened back in May 2011 in Mora, Minn. Attorneys say 38-year-old Jennifer Axelberg and her husband, Jason, got into a drunken argument that turned physical. Jennifer ran to her car to escape, but she says her husband punched and cracked the windshield.
Jennifer was afraid, so she drove to a nearby camping resort and someone called police. Her husband was arrested for domestic assault, and Jennifer was charged with a DWI after she had a .18 on a blood alcohol test. Her license was also revoked.
The Minnesota Court of Appeals voted against her two to one; they said the court has never recognized a “necessity defense” or “fear of harm” for someone losing a license because they were driving drunk.
The case goes before the Supreme Court at 9 a.m. Thursday.