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Hypothetically: my husband was supposedly driving under the influence. He parked the car and got it stuck in a flooded area. No officers saw him actually driving. They came to the house because it was literally a few houses down the street and they knew it was our car. I remained silent when they asked if he was driving the car or not- they never actually saw him. Can I use spousal privilege to not incriminate my husband and just make them prove their case? He has prior DUI's..
6 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You don't have to answer any questions, regardless of spousal privilege. You are not under arrest, you are not under suspicion of a crime. If they pursue you, tell them you will come to the police station with your attorney.
Answered on Jul 14th, 2013 at 9:17 PM
Michael J. Breczinski
You do not have to talk to the police since it could have been you driving the car.
Answered on Jul 14th, 2013 at 9:17 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You need to speak with his attorney. Judges have their own view of that privilege and some would be in your favor.
Answered on Jul 11th, 2013 at 7:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Quite possibly, he should engage a good attorney. If you are in Michigan, call to engage and for an appointment.
Answered on Jul 11th, 2013 at 7:31 PM
You don't need to invoke any privilege. You have the right to remain silent and don't need to open your mouth to anyone. As for your husband, he needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license.
Answered on Jul 11th, 2013 at 5:47 PM
Yes, you can assert that privilege.
Answered on Jul 11th, 2013 at 11:13 AM