is there a defence for driving on revoked if you was in a near accident and the driver was drinking so you make a split second decision and drove?

If you are charged under 46.2-391 there is a subsection that may give the court some discretion in your case. That subsection is: "b. However, in cases wherein such operation is necessitated in situations of apparent extreme emergency that require such operation to save life or limb, the sentence, or any part thereof, may be suspended."  Based on your facts, it is unlikely that you were in an "extreme emergency." the car may have been pulled off the road and a cab or tow truck called. Further, you do not indicate that anyone was seriously in peril or injured.  When the court hears your case, it will weigh the facts of your situation against the elements laid out in the statute.     NOTE: This material is for information only. It does not constitute legal advise nor create an attorney-client relationship. Always consult and retain a competent Attorney when facing legal opportunities and challenges.