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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Exclamation Do I Have to Serve As a Witness in a Careless Driving Case

    My question involves criminal law for the state of: Colorado

    I was rear-ended in a car accident and November, and the driver who hit me was issued a citation for careless driving. He plead not guilty and I have just received a subpoena to serve as a witness. Is there anyway I can testify beforehand and not at the trial? There are several reasons for this:

    -The driver's father (the driver who hit me is a minor) was extremely obnoxious when he arrived at the scene of the accident. He yelled profanities directed at me and was threatening and I was scared to leave the car. I am honestly scared to ever see this person again.

    -At the time of the trial, I will be nearly 37 weeks pregnant. I am afraid that the stress of going to trial will cause me to go into labor early. I got the subpoena in the mail about 45 minutes ago and my heart is still racing.

    Is there anything I can do about this? I called the city attorney's office and am waiting for them to get back to me. I'm sure I could get a note from my doctor if it would make any difference. Please help, the last thing I want to do is go through this stress in my last few weeks of pregnancy!

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do I Have to Serve As a Witness in a Careless Driving Case

    You should expect to testify at the hearing. You can reasonably expect that they will behave much better in court.

  3. #3
    Join Date
    Mar 2008
    Location
    Fresno, CA
    Posts
    48

    Default Re: Do I Have to Serve As a Witness in a Careless Driving Case

    You can probably ask the judge for a delay in the trial, if it may mean that you might go into labor; of course, this could mean that the trial is a couple of months after you give birth. I would show up at all possible and stick-it to this minor and teach him a lesson. If he thinks that he can get out of it by claiming, "not guilty," he's got something else coming to him.

    Anyone in court must behave themselves at all time or else they can be held in contempt and go to jail/pay a fine. You will also be protected by the bailiff in court too. Its a simple traffic ticket and without your appearance, the minor will have his case thrown out.

    Good luck and let us know how it turns out.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Do I Have to Serve As a Witness in a Careless Driving Case

    Actually, the best thing that could happen to you is for dad, an unrelated third party, to go postal all over you.

    You will be surrounded by large men with guns... and he will sink their case.

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