Legal Question in DUI Law in New Jersey

Question: Can a wife be required to testify against her spouse if she initially told police that her husband had drove drunk and police found husband a block over (not driving) but standing a couple hundred feet away from the car and charged him with DUI and Refusal to submit breath samples? Wife was very upset that night with drunken husband and has since forgave him and not certain if her husband had driven the car there that night or not, and would rather not testify against her husband for numerous reasons, please advise, thank you.


Asked on 7/14/13, 10:02 am

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

If the state calls on her to testify then she has to testify. However from what you are describing her testimony would be pretty much worthless because she is saying she does not know for sure that her husband was driving.

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Answered on 7/14/13, 11:52 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Yes. If she wants to avoid it, she could get a lawyer. Not sure why husband's lawyer didn't advise this already. Call me anytime at 732/773/2768

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Answered on 7/15/13, 6:46 am


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