Question
Alicia and Benton, both attorneys, had been dating for several months. Benton was driving Alicia home from a party that they had attended together when
Alicia and Benton, both attorneys, had been dating for several months. Benton was driving Alicia home from a party that they had attended together when his car collided with a car operated by the plaintiff. Police who arrived at the scene of the accident moments later arrested Benton and charged him with driving while intoxicated. Alicia immediately advised the arresting officers that she was Benton's attorney, accompanied them to the police station, and arranged for Benton's bail. Benton was eventually tried and acquitted, with Alicia representing him at the trial. Several months after the trial, the plaintiff instituted an action against Benton for personal injuries resulting from the accident. Benton retained a different attorney to defend him in the civil action. Alicia and Benton married after the criminal trial but divorced before the civil trial. If the plaintiff's attorney asked Alicia to state how much alcohol she observed Benton consume at the party, Benton's objection should be: (A) Sustained, since Alicia's testimony would involve a confidential marital communication. (B) Sustained, under the spousal privilege. (C) Sustained, since a rule of policy prevents the testimony of a former spouse from being used against a party. (D) Overruled.
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