Husband witnessed a crime (DUI), wants to testify, but is frustrated

[blondeatlast]

because he keeps receiving subpoenas, calls to confirm that he will be there, shows up everytime, and the trial is postponed EVERY SINGLE TIME. This has been going on monthly for over a year now (the crime occurred over two years ago--how is he supposed to remember anything?.

This is really a rant AND a request for any advice.

Is there some way he can give a statement? He was the one who called the police and there was no doubt that the driver was chemically enhganced at the scene.

[liberalhistorian]

1. When he contacted the police,

he should have been asked to give his statement at that time, did he? Even if he did, I don't think that that would be sufficient at a trial. If he'd given a deposition, they could perhaps read that into the record at the trial so he wouldn't have to be there. Did the prosecutor ask him to give a deposition?

[blondeatlast]

3. Sorry--yeas, he gave a statement. He has never been asked to give a deposi

that I am aware of.

[seventhson]

2. He should call the prosecutor and

raise hell.

The lawyers will dick around with the case until the cows come home.

Tell them he is willing to testify, but he is writing the Court to complain about the bullshit and is writing his state senator to complain about the mistreatement by the prosecutors.

That should get some response and a date certain (THAT is what he wants)

[underseasurveyor]

4. I don't know about giving just a statement.....

He might try but he was an eye witness to the accident.

If he's having trouble remembering everything that happened, have him call the officer he spoke to that day to see if they can get together to review the accident report to refresh his memory.

If that is not possible he should write down now what he does remember and as he goes along, I'd bet he'll remember more than he realizes.

[rasputin1952]

5. The prosecution will also have available...

the initial statement.

If there is ever a chance ANYONE may be called into court as a witness, it is wise to write down everything immediately upon getting home. Wait two days, then edit as needed. If a cop takes your statement in any kind of crime, you may well be asked to show up in court.

I have no problem with changing court dates, that is part of the system....but the court should inform witnesses that they will not be needed, as the trial date has been changed. It is really not that hard to do in the computer age.

O8)

[blondeatlast]

6. What happens is that he calls the computer as instructed, goes to the

courthouse, then finds out that it has been postponed yet again.

He does have a written record of what he remembers (it was a HUGE struggle on my part to get him to do it).

He has begun to think he will just stop responding. I have reminded him that that is the worst thing he can possibly do.

FWIW, my husband is from India and thinks nearly everything can be solved with a little grease on the palm (SOP in India). I can't quite convince him that it doesn't work that way here.

Edit: thanks for the advice, everyone. This is getting tremendously frustrating.

[rasputin1952]

7. Back in'83, I got a DWI...

I quit drinking after that. There is no room on the roads for Drivers under the influence of anything; families get killed and maimed.

I am not an avid "anti-" anything, (except bush), but this is one of those things that does get under my skin. I wouldn't get rabid about putting the guy behind bars, but he/she needs to be off the streets until he/she gets it together.

It may be frustrating, but let me assure you, it is better to get through this the right way, regardless of how they system works, (or doesn't) some times. One of the reasons we have a crumbilng judicial system is apathy, because things like this happen. It stinks, but it is much better for your husband to do what is actually his duty as a citizen to a situation that needs to be addressed.

O8)

[blondeatlast]

8. Thanks. He gets discouraged, but I keep telling him it can't go

on forever (even though I know it can).

The woman nearly plowed into him head-on but he swerved just in time.

It helps to keep it in perspective, my then 4 year old was in the car with him.

[Maeve]

9. It is a hassle--been there

And while you may want to talk to the prosecutor about it, the most appropriate course of action is to keep showing up. Some people play the system and try to get charges dropped this way, sad to say. I hope your husband sticks with it.

We saw a crash caused by a drunk driver a couple of years ago--stopped and called 911, did what we could to help and had to drive 40 miles several times only to be told "oh, it was postponed" when we got there. But I believe our persistance helped force the driver to get treatment and eventually to plead guilty (altho it may have been to lesser charges, not sure).

[GOPisEvil]

10. They don't just put him on standby?

I get subpoenaed a lot for work, but I almost never end up having to go to a trial, since most of our cases plead out. All the prosecutors want is for me to call in and leave a number I can be reached at in case my testimony is needed. I almost never end up wasting time sitting in court houses. :shrug: