Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
9/22/2017 12:11:25 AM
Posted: 9/14/2005 10:19:34 AM EDT
[Last Edit: 9/14/2005 10:20:04 AM EDT by Hellraiser]
I got a letter from my city govt wanting me to show up as a witness about a "failure to yeild right of way" case against the stupid woman that I was in an accident with last year. She was cited, completely her fault, her insurance paid for the damages to my vehicle (totaled). I don't know why this woman didn't just pay her ticket and is forcing the state to bring this to court.

Anyway, the letter said that this letter was sent in lieu of a subpeona, so do I have to go (I think not or otherwise I would have been served a subpeona), should I go? You would think the police report would be enough for a ticket case, why should I spend my time and money (missed work, parking fees, general pain in the ass) to help the state win a ticket case?

Link Posted: 9/14/2005 10:21:49 AM EDT
I would go. If she beats the ticket her insurance company might try to see if they can get back the money that you were paid.
Link Posted: 9/14/2005 10:27:58 AM EDT
It is the price we pay for wanting the state to charge the at fault driver. Its the price of the justice that we so often want, as inconvenient as the administrator of it may be. I testified as a witness against a guy in an assault case last year. A PIA but it felt right to do my share in seeing that justice is done.

Good Luck,

CWO
Link Posted: 9/14/2005 10:30:34 AM EDT

Originally Posted By inzane123:
I would go. If she beats the ticket her insurance company might try to see if they can get back the money that you were paid.



Good point, can't let that happen.
Link Posted: 9/14/2005 10:36:31 AM EDT

Originally Posted By inzane123:
I would go. If she beats the ticket her insurance company might try to see if they can get back the money that you were paid.



No, that won't happen.

But, it's only "in lieu of subpoena" to appear nice to you. I do that all the time, pretend I'll be nice, and I am if they sign and agree to appear. If they don't, I hit them with a real subpoena.

Don't get mad at the city attorney/DA, get mad at her. She's trying to beat this ticket, don't let her.
Link Posted: 9/14/2005 10:36:37 AM EDT

Originally Posted By CWO:
It is the price we pay for wanting the state to charge the at fault driver. Its the price of the justice that we so often want, as inconvenient as the administrator of it may be. I testified as a witness against a guy in an assault case last year. A PIA but it felt right to do my share in seeing that justice is done.

Good Luck,

CWO



I've had plenty of witness time in real crimes, that I have no problem with, it was just the thought of using my time to help the state wth a traffic ticket that kind of had me unenthused but it may be in my best interest to make sure this ticket is not dismissed as inzane123 pointed out. I will be going to make sure I don't get screwed in this somehow.
Link Posted: 9/14/2005 10:43:27 AM EDT

Originally Posted By CITADELGRAD87:

Originally Posted By inzane123:
I would go. If she beats the ticket her insurance company might try to see if they can get back the money that you were paid.



No, that won't happen.

But, it's only "in lieu of subpoena" to appear nice to you. I do that all the time, pretend I'll be nice, and I am if they sign and agree to appear. If they don't, I hit them with a real subpoena.

Don't get mad at the city attorney/DA, get mad at her. She's trying to beat this ticket, don't let her.



I just thought it was strange since this happened in Oct 2004, took a long time for the case to some up. I'll suck it up and go, just hate going to the courthouse, specially at 7:00 am, at least there will be plenty of parking at that time.

Link Posted: 9/14/2005 10:44:22 AM EDT
Link Posted: 9/14/2005 10:45:26 AM EDT
Try to call whoever signed the notice, should be a city attorney or DA, ask them when they REALLY need you, you might get to be on one hour call or something.
Link Posted: 9/14/2005 10:57:22 AM EDT
[Last Edit: 9/14/2005 11:02:07 AM EDT by WildBoar]
Happened to me once. Dumb womand runs a stop sign and nails me and my 9month pregnant wife. Her ins took care of everything on my end and I had to go to court.

She didnt show. Whole thing took like 5 minutes.
Link Posted: 9/14/2005 11:01:29 AM EDT
The woman requested a trial date for the sole purpose of seeing if you show up. We do that all the time with traffic clients. 75% of the time the witness won't show, you go into court, and the case gets dismissed. Show up and ruin her day.
Link Posted: 9/14/2005 11:06:32 AM EDT

Originally Posted By eswanson:
The woman requested a trial date for the sole purpose of seeing if you show up. We do that all the time with traffic clients. 75% of the time the witness won't show, you go into court, and the case gets dismissed. Show up and ruin her day.



This happens with shoplifters all the time. They figure if I don't show up, then they are off scott free. But as soon as they see me walk in the door, they try for a deal with the prosecutor, or they plead guilty.
Link Posted: 9/14/2005 11:07:29 AM EDT
i had to go to traffic court one time, b/c some dumb drunk girl ran into me. well, i guess she was trying to fight the DUI, b/c her lawyers paid me $150. i still testified against her. she was so drunk she couldnt even step up a curb.
Link Posted: 9/14/2005 11:14:02 AM EDT

Originally Posted By CITADELGRAD87:

Originally Posted By inzane123:
I would go. If she beats the ticket her insurance company might try to see if they can get back the money that you were paid.



No, that won't happen.

But, it's only "in lieu of subpoena" to appear nice to you. I do that all the time, pretend I'll be nice, and I am if they sign and agree to appear. If they don't, I hit them with a real subpoena.

Don't get mad at the city attorney/DA, get mad at her. She's trying to beat this ticket, don't let her.



I agree with most of this. Our State's Attorney (County Attorney) never sends out subpoenas in traffic cases, however. If witnesses show, they show...if not, the defendant walks. The police report is hearsay and unless someone shows up to testify as to what happens, there is no evidence and no conviction in the absence of a plea. If you don't want her to beat it, best show up. She may just cop a plea at the last minute.
Link Posted: 9/14/2005 11:15:22 AM EDT

Originally Posted By eswanson:
The woman requested a trial date for the sole purpose of seeing if you show up. We do that all the time with traffic clients. 75% of the time the witness won't show, you go into court, and the case gets dismissed. Show up and ruin her day.



Yeah I'll have to go ruin her day, after all she sure ruined mine by causing that accident and totaling my truck. I'm actually looking forward to it now.

Link Posted: 9/14/2005 11:22:30 AM EDT

Originally Posted By legalese77:

I agree with most of this. Our State's Attorney (County Attorney) never sends out subpoenas in traffic cases, however. If witnesses show, they show...if not, the defendant walks. The police report is hearsay and unless someone shows up to testify as to what happens, there is no evidence and no conviction in the absence of a plea. If you don't want her to beat it, best show up. She may just cop a plea at the last minute.



I'll definately be showing up then, can't let her get away with it.
Top Top