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OWI/Domestic Violence Advice please!

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mmr52082

Junior Member
What is the Last weekend my husband and I got into an argument on the way home from dinner. We both were intoxicated and there was a lot of yelling. My husband hit me on the back of the head I swung back but missed As we got off of our exit I pulled the parking break and took the keys out of the ignition and started to walk home. My husband pushed the car to the side of the road and ran after me to get the keys. I gave them to him and he ran back to the car. As he was running back to the car the police were already on the scene. As he was being arrested another cop came to find me already more than 1/4 mile away. They asked what happened and I reported exactly what I've said here. Now I understand that under no circumstances should a man raise his hand towards a woman. I'm not ignorant I know this is not a great indicator for our marriage but we are both committed on getting help to work out our serious communication issues. I want to focus on the legal aspect of this question. My husband was charged with OWI but he was not operating the vehicle at the time of his arrest. He was at least 500 ft away. Can he be charged? Can we aruge the fact that he was not driving at the time? He was also charged with Domestic Assault. Is there anything I can say or do to either get that dismissed or reduced to a lesser charge? We live in Michigan and his preliminary hearing is on 5/25. We are meeting with our lawyer on 5/14. Thank you in advance for any help in this desperate situation.
 


swalsh4II

Junior Member
You are under the mistaken impression that the police need to actually witness the drunk person driving in order for them to be charged with OWI/DUI/DWI. You told the police he was driving and I bet he admitted it himself to the police.

You both need marriage counseling and alcohol counseling.

Two drunk people physically fighting in a car at highway speeds and you think the charge should be dismissed?
 

mmr52082

Junior Member
You are under the mistaken impression that the police need to actually witness the drunk person driving in order for them to be charged with OWI/DUI/DWI. You told the police he was driving and I bet he admitted it himself to the police.

You both need marriage counseling and alcohol counseling.

Two drunk people physically fighting in a car at highway speeds and you think the charge should be dismissed?
I am fully aware that we both made mistakes. I am not denying that we both need help as I stated in my original post. I am interested in your or anyone judgement I was just interested in some objective answers.
 
You are under the mistaken impression that the police need to actually witness the drunk person driving in order for them to be charged with OWI/DUI/DWI. You told the police he was driving and I bet he admitted it himself to the police.

You both need marriage counseling and alcohol counseling.

Two drunk people physically fighting in a car at highway speeds and you think the charge should be dismissed?
Not to mention all those passing by on the road who saw the punches thrown and the parking brake pulled on a moving vehicle.

Advice to OP: He needs a lawyer and you need to thank your lucky stars you didn't get any charges against you.
 

justalayman

Senior Member
My husband was charged with OWI but he was not operating the vehicle at the time of his arrest. He was at least 500 ft away. Can he be charged?
well, if you want to use that argument, there has never been a person charged with OWI legally. I don't know any cop that is fast enough to run alongside the car and arrest the driver so the officer is reduced to arresting the driver after they aren't driving anymore.

so, did he claim there was a mystery driver that parked the car there and ran away or did he admit to driving the car. You obviously testified that he was driving the car.
 

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