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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116707
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was charged with 13-1203A2+DV and 13-2904+DV. I was a passenger in a vehicle trying to g

Customer Question

I was charged with 13-1203A2+DV and 13-2904+DV. I was a passenger in a vehicle trying to get out. My spouse would not let me get out. I attempted to reach for the steering wheel column to stop the car so that I could safely get out. We started to struggle for control of the vehicle. We did strike each other to get control of the keys so that I could safely exit the vehicle. The car was stopped at an intersection, and I had tried 2 times prior to get out. On both previous occasions, my spouse drove the car at speeds that prevented me from getting out safely. Am I correctly understanding that 13-1203A2 means that I put my spouse in a situation where he/she felt that he/she was going to be physically harmed? Is this substantiated where he/she was the one detaining me? I was the the one incarcerated. We have a child and my spouse was "paper arrested" and charged with 13-2094 and 13-1203A3. Should I plead guilty to the charge of 13-1203A2.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, it appears BOTH of you created a dangerous situation. Him maybe by traveling over a safe speed, but you as well for struggling over the steering wheel/column as a passenger which can cause an accident.
Yes, 13-1203A2, means your spouse was in a position where they reasonably believed they would be physically harmed. Even though he/she would not let you out of the car, that was not grounds to attack them unless they were physically attacking you while driving.
I would absolutely NOT plead guilty to anything. Since your husband was charged as well as you, both of you will have to go to court and in most cases the courts will ultimately dismiss the charges if you both complete anger management and spousal abuse counseling.
You need to get an attorney involved here because your attorney will be able to broker a deal for counseling in exchange for the DA dismissing charges and that would be the best way to deal with this matter, as the DA will not deal with you directly and attorneys end up getting the best deals as well.