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.
1 Answer from Attorneys
"but he was not operating the vehicle at the time of his arrest. He was at least 500 ft away"
Using this logic he could not even be charged with domestic violence since he was also 500 feet away from the vehicle where he hit you on the head.
So....If he wasn't driving drunk, who was? .......You?
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