Terry Toops (Defendant) was convicted in the Cass Superior Court of operating a vehicle while intoxicated, operating a vehicle with 10 percent or more alcohol in the blood, operating a vehicle while intoxicated with a prior offense of operating a vehicle while intoxicated, and operating a vehicle with 10 percent or more alcohol in the blood with a prior offense of operating a vehicle while intoxicated. Toops appealed. The Court of Appeals reversed and remanded.

Facts

In the late evening hours of October 30, 1992, Terry Toops, Warren Cripe, and Ed Raisor were at Toops’s home in Logansport, Indiana, drinking beer. Around 3:00 a.m. the following morning the trio decided to drive to a store in town. Because he was intoxicated, Toops agreed to allow Cripe to drive Toops’s car. Toops sat in the front passenger seat and Raisor sat in the rear. Toops began to feel ill during the drive and stuck his head out the window for fresh air......

1. List all the facts and circumstances relevant to deciding whether Terry Toops was justified in driving while he was drunk.

2. State the elements of the defense as the court identifies them. How do they compare with the elements stated in the text?

3. In your opinion, was Toops entitled to the necessity defense? Defend your answer with case and opinion details and the text section on the defense.