Legal Question in DUI Law in Washington

DUI and Financial Responsibility

My husband and I separated and the same day got a DUI, then again a few days later received one. Am I financially responsible for these tickets? Or do I need to start the legal process of separation or divorce?


Asked on 11/26/08, 5:07 pm

1 Answer from Attorneys

Jeffrey Bassett Jeffrey P. Bassett, Attorney

Re: DUI and Financial Responsibility

That's an excellent question, and one that crosses into consumer debt territory. As far as the COURT is concerned (i.e., the criminal court), your husband is the responsible party and the COURT would not go after you for payment. As far as separation or divorce, you can certainly have a family law judge determine the division of both asset AND debt, including this one. As far as creditors (i.e., collection agencies) go, pursuant to most bankruptcy court decisions, a criminal court cost, so long as it can be shown not to have been something to "benefit" the marital community, is a separate obligation (i.e. here, your husband's). An interesting side note: there are a few cases holding that one spouse can be made to pay the other's attorney's fees for the defense of a criminal action, since it's likened to a medical fee for curing an ailing spouse, and would therefore be something benefiting the marital community. I hope this answers your question!

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Answered on 11/26/08, 6:07 pm


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