Do i have to testify against my husband in a traffic case

Question

my husband was involved in a crash. the police showed up to my door looking for him. i went out looking for him as well. While out looking for him I was stopped by officers looking for him and questioned as to where he was. I eventually found him at home and told him that I had been stopped. Now i have been subpoena to court for citations which he recieved for a crash that I wasnt even involved in. sure we talked about the accident but isnt that what husbands and wifes do. am I protected from testifying as to our husband and wife conversation after the accident. is this covered under spousal privelage in wisconsin

Answer 1

You need only provide officers with identification.  After that, you need not answer any questions.  You were not a witness.  

They may threaten to "take you down town".  Let them.  Ask for a lawyer.

Provide only your name and address.  Trust me, they can find out everything else they need without your assistance.

Answer 2

Yes, you are indeed protected.

Answer 3

Your conversation is protected (regardless of State)

Nothing else is.

You might, however, ask the prosecutor if he intends to ask you about these conversations which HE KNOWS are protected speech.  You could even motion to quash the subpoena due to nature if he has no other questions.

It might just be simpler to show up, smile alot, say "You know that's protected speech.  I thought you learned that in Law School 101..." and make him look like an idiot.

Be careful though - you don't want to look like you're hiding anything.

Answer 4

while you may not be protected by the law there is no reason you can use the ignorance argument. You can say you never heard about the accident and aren't sure what is going on. Cite bad communication between you and your husband (of course let him know your doing this so he doesn't feel betrayed) and you don't really have to testify. I think. By the way I take no responsibility in aiding you in avoiding the law...  

Answer 5

No,

anything he said to you would be hearsay in court.

Answer 6

This sounds like something that should be covered under spousal privilege, but not every state has such a law.  Your husband's attorney should be able to help you answer that question.

Answer 7

i would thing you could avoid having to say any incriminating thing, really i am surprised it is even going to court, unless it was a hit and run.

Answer 8

you can't talk against him and you tell them when asked you were not there and do not know what happend i have never heard of this before cause you just keep to that word and answer that way peirod.

Answer 9

Yes, husband-wife conversation is privileged - as long as it was a private conversation (if the conversation takes place in the presence of others, it loses it's priviliged status).  Wisconsin Stat. 905.05

A husband has a privilege to prevent his wife from testifying against him as to any private communication made by him to her during their marriage. See § 905.05(1), Stats. However, the presence or hearing of a third person destroys the privileged nature of an otherwise privileged private communication between a husband and wife. See State v. Sabin , 79 Wis.2d 302, 306, 255 N.W.2d 320, 322 (1977).  

Answer 10

Spousal privilege is available to you ONLY to the extent that you were NOT a participant in the actual incident. Even being IN the car is not prima facia evidence of participation.

Spousal privilege extends to conversations about the incident also. IF, on the other hand, you and your husband TALKED of committing a crime and he in fact carried it out with SOME limited help from you, (lets say you were the lookout person)  THAT is not covered. That is conspiracy.  

Answer 11

No I think there is a law against having to do that.

Answer 12

You do not have to testify against your husband

Answer 13

covered under spousal privilege in wisconsin should be ok.

Answer 14

since you werent there i dont think you have to testify

Answer 15

I believe that as his spouse you can't be forced to testify against him.  Call an attorney to verify this, they can give this free legal counsel right over the phone.

Is the car registered to you?  If so this may be why you were subpoenaed.

Answer 16

that's spousal confidentiality they cannot force you to testify or incriminate your husband.