Legal Question in DUI Law in Pennsylvania

DUI Help

My wife was charged with DUI. I got a subpoena to appear at her preliminary hearing as a witness for the State of Pennsylvania. Can I be forced to testify against my wife? What if we have been separated but not divorced?


Asked on 4/06/09, 12:34 am

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: DUI Help

In Pennsylvania "Except as otherwise provided in this subchapter, in a criminal proceeding neither husband nor wife shall be competent or permitted to testify to confidential communications made by one to the other, unless this privilege is waived upon the trial."

If they need your testimony it must be a pretty weak case.

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Answered on 4/07/09, 12:32 pm


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