Court says it’s OK to drive recklessly after being shot
By Associated Press
Thursday, November 29, 2007
The state Appeals Court says it’s o.k. to drive recklessly if you are trying to get to the hospital after being shot.
The court on today overturned the reckless driving conviction of Delano Livington, saying his lawyer should have asked the judge at his trial to instruct the jury on the so-called "necessity defense," which can be used when a crime is committed amid imminent danger and the harm sought to be avoided far exceeds the harm resulting from the crime.
Livington and three of his friends were visiting a community center in Boston in March 2005 when shots rang out. After Livington was hit in the stomach, he sped down the street on the wrong side of the road before he pulled into a gas station and fell out of the car. His erratic driving lasted about 30 seconds.
A loaded handgun was found in Livington’s car, but a jury acquitted him of a charge of carrying a firearm with a license and possession of ammunition without a license, while convicting him of the reckless driving charge.
Livington appealed his conviction.
"Here, the risk of harm posed by the gunshot wound to defendant’s abdomen outweighed the harm posed by his having briefly driven on the wrong side of the road to reach a location where he could obtain assistance," the court said in its written decision.
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