SPARTA -- The woman found driving nearly naked and too inebriated to know it in Sparta may appeal her DWI conviction to the state Supreme Court, her attorney tells the New Jersey Herald.

The defense for Catherine Giaquinto of Warwick, N.Y. had argued she'd likely been the victim of a sexual assault earlier the night of her January, 2013 arrest -- saying she had vague memories of a nightcap with a female acquaintance, and no almost memory after an odd-tasting glass of wine. But she said she'd said at trial she remembered someone "forcefully kissing" her and touching her "privates," and feeling "terribly afraid," an appeals court wrote this week.

Giaquinto failed to convince a Sparta Municipal Court judge or a Superior Court Judge of her story -- though the latter conceded there was some evidence to support it.

Still, the Superior Court and an appellate court didn't buy her attorney's argument that the "doctrine of necessity" came into play -- that she was justified in driving the 25 miles from Sussex County to her home in Warwick, N.Y. to get away from her alleged attacker, never identified.

Giaquinto's attorney told the Herald because the state Surpreme Court has never ruled on the necessity defense, he's considering asking it to do so.

Louis C. Hochman may be reached at lhochman@njadvancemedia.com. Follow him on Twitter @LouisCHochman. Find NJ.com on Facebook.