Court Subpeona - Need advice

[UNHCLL]

What are my options of getting out of going?

I witnessed someone flip their car over infront of me ~4 months ago. I was obviously the first on the scene, and I also pulled both people out of the car. Gave my statement.. yada yada yada.

Now, I've been subpeona'd 2x before. Each time required me to take a day off from work and travel to Concord NH for the court date. I was working in Northern VT at the time, so it was a full day off from work plus a 3 hour commute each way. (figure 8 hours @ $20/hr). I did this twice, only to have the guilty party file a continuance.

I was just served a 3rd Subpeona for the 21'st of this month. I am now an hour away, and it falls during class time. I have no paitence for this, and its almost making me regret doing my civic duty and stopping to help this kid out.

What are my possible actions to get out of this court date?

[FergU]

Call the lawyers, court, etc and see if you can simply give a written statement.

[M-technik-3]

Your a student now you have more rights... Scarey thing is the two times prior the court pays none of your costs, that's why most be try to ditch the sumons dude.

[UNHCLL]

hmm, I'll call them tomorrow and see what I have for options.
I'd be more than happy to write another write-up of what happened, i just dont want to have to take more time off from school/work to go back and sit in court.

[brodee]

hmm, I'll call them tomorrow and see what I have for options.
I'd be more than happy to write another write-up of what happened, i just dont want to have to take more time off from school/work to go back and sit in court.

I know it's a pain but I commend you for doing it. I've had accidents before where witnesses wouldn't help me out and I got screwed over.

I truly believe somehow this will balance out with you in the end and at some point you will be helped in a similar situation.

Brodee (zenmaster, e30 driver)

[UNHCLL]

actually, I'm going more out of concern and respect for everyone else than for the driver.

He was going ~2x the posted limit on a decreasing radius turn. He started to slide, over corrected, slid down into a 6' ditch, flipped, landed on the roof and rolled onto the wheels.

he wasnt wearing a seatbelt, his GF luckily was. Neither was severly injured. I had to slam on my brakes (with a boat in tow behind our company truck) to avoid him hitting me square in the grille.

I want his license suspended. He knew exactly what he was doing, and there is no excuse. I spent more time looking after his girlfriend after I pulled her from the car than he did. All he could do was walk around the car and curse at it.

BTW, Chevy Cavalier 2 doors sports have strong roll-over protection.

[OreoGaborio]

if she was hot, go & take pics..... and her number 8) dude, you could SO get her to leave him for you if she didn't leave him for someone else already :up:

[UNHCLL]

if she was hot, go & take pics..... and her number 8) dude, you could SO get her to leave him for you if she didn't leave him for someone else already :up:

she was like 5' 4"..... 180+
I nearly got a hernia trying to pull her out the busted window.


Whatever, as long as she was safe and wasnt hurt by the idiots driving is all that matters.

[h0lmes]

dumass kid + fat chick = screw subpeona

[E30godz]

your the man h0lmz, your like the latino guy from fast in the furious that shows up in all these shitty parts in random ass movies...usually as a jail inmate.






silly actor.

[eric1855]

Most courts have a requirement that states a subpoena'd witness can request to get paid. Each jurisidiction has different pay but most are around $35-$40 a day plus $0.20 - $0.25 per mile each way.

You can request to get paid and they can either pay you when you are subpoena'd (doesn't help in your case) or they can bring the money when you show up. If they do not pay after you request to do so, then you are not required to show.

However, you have not requested to get paid prior to being served the subpoena or your first appearance in court so you might be out of luck as you are required to show up now. Try talking to the lawyer that subpoena'd though, as he will more than likely be very helpful and willing to pay if they really need your testimony, which is obvious or else they wouldnt have sent you a subpoena in the first place. He will just pass the charge off onto his client (if its the defense) or the court will pay if its the prosecutor.

Hope that helps.

Eric

[UNHCLL]

No luck,
I'm the primary witness and they refuse to accept written testimony as that is considered "hearsay" and is not permissable in court.

Yay for being a good citizen!!! :roll:

[sidewaysdave]

I commend you for what you are doing. It was just plain stupid of the kid to do that and to do it with another vehicle so close to him. Also next time you are at an accident it is best not to move the person from the car unless absolutely necessary. The person you were moving could have had trauma to her back and neck and if you pulled her out causing more problems she could sew you...always look out for number one (yourself), but I dont know the all the details of your situation so you may have been doing whats best.

[UNHCLL]

I didnt "pull" them out as per'se. I forced the window down/open and helped her out of the car. The Boyfriend (driver) got out on his own.

NH has a good samaritan law I think. I would be protected from being sued even if I had caused some spinal damage.


ahh well, as long as they revoke his license I'll be happy. I dont have it "in" for the guy, but I have zero tollerance for actions like this.

[sidewaysdave]

o, ok. i thought you were literally pulling her out. good to know that the state covers your ass on things like that sometime...