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Arizona court: Husband can testify against wife in DWI case

Posted at 7:11 AM, Dec 04, 2018
and last updated 2018-12-04 09:11:25-05

PHOENIX (AP) - The Arizona Supreme Court has overturned a lower-court decision that barred a husband from testifying against his wife in a drunken-driving case.

Monday's decision says lower courts misinterpreted Arizona's law preventing a spouse from testifying against the other because the husband was a victim in a related crime.

The case began when the husband called police to say his wife was trying to drive away from their home after drinking. He blocked her mini-van with a car, but she backed into it trying to leave.

She faces a domestic violence-related criminal damage charge and three counts of driving while intoxicated. Lower courts said he couldn't testify in the DWI cases.

The high court ruling says the DUI charge is directly related to the domestic violence charge, so he can testify.