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Case 6: Simple Battery PDF Print E-mail
My client was driving with his wife when they began to argue. My client reached over at the wheel telling his wife to pull over. At this time another vehicle behind them called police because they thought my client was hitting his wife. The woman was crying when officer’s arrived and seemed distraught. I filed for a preliminary hearing where the officer testified that he didn’t observe any marks on the woman. The wife also testified that he didn’t hit her and she was extremely rattled because her ex-husband was killed in an automobile accident and she freaked when my client grabbed the wheel. The state didn’t subpoena the driver of the other vehicle and the magistrate judge dismissed the case.