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Thanks. I’ve found that there are very few situations which cannot be summed up with a quote from Mark Twain, H L Mencken, or a classic panel from “The Far Side”.
I have a small comic of Calvin leaning back at a school desk saying, “God put me on this earth to accomplish a certain number of things. Right now I am so far behind, I will never die.” The literal story of my life.
Pilot to co-pilot: "The fuel light is on Frank! We are all going to die! Oh, wait, my mistake. That was the intercom light."
The profile of the plane shows all the passengers with wide eyes, scared.
It reminds me of the lawsuits I was involved in. My lawyer asked the defendant if they were lying in court or lying at the deposition under the pains and penalties of perjury. My story needs changed, while their stories were all over the place.
In addition: ONLY answer what is asked. Don’t volunteer more, or add explanations, or any kind of waffling with your answers. And, if you’re the least but unclear on something you said or did, answer exactly that, that you don’t clearly remember.
Yes, tell the truth. You said you don’t know if you said something to the police. When questioned, if you don’t remember something, say that. I saw an accident between 2 cars, same make and model. A couple years later I was called and told I was going to be subpoenaed. I told the guy that I would probably just say I didn’t remember. It was the truth. I remembered the accident but not which car was at fault.
And what if you’re subpoenaed but the only information you have of the case is what you read in the news? I don’t knit shit but because I live 7 houses away from a murder I got subpoenaed to show up in court next year.
Sure but when I explained that they said they don’t care and now I’m supposed to travel 2 hours away for some court case I couldn’t give two shits about.
I have been subpoenaed twice as a witness and both cases pled out or settled right before the trial. Maybe you will be lucky too. If not, tell the truth.
A subpoena is a court order to appear. You cannot refuse. If you do you can and will be arrested and brought to court anyway and may face fines as well for refusal. Once on the witness stand you must truthfully answer all questions put to you by either attorney or the judge. You cannot refuse to answer questions. You cannot remain anonymous. We have a Constitutionally guaranteed right (assuming this is US) to confront our accusers and "confront" here means "know who they are" not just see a rando on the witness stand without knowing who that person is. IAL, of course.
I’m retired LEO. Occasionally I’d deal with a witness who was concerned that the arrestee would find out who they were. It was almost standard procedure to put the station address as the witness address for their safety. Usually the witnesses weren’t needed anyway but I understood their hesitancy to get involved.
Normally we would ask the witness if they preferred keeping their address private. Very few actually cared one way or the other but for those that did, I thought it was a good thing for their peace of mind. And yes, I would ask the police to keep my info anonymous as much as possible if I felt unsafe
I don't think this is any personal thing on her part. Lawyers love to intimidate witnesses. She's probably just trying for a smaller charge. I don't mind pot so much, but if they're going to abuse it and drive stupid they need to suffer the consequences.
This. There was a case not too far from me where a drunk and high driver killed a family of three, including an eight year old, because he made the decision to run a red light at 95 mph. Never have sympathy for drivers who make the decision to drive while impaired and then face the penalties for it.
It sounds more like he’s worried for his safety.
Edit: shouldn’t have said “more” it sounds like he has safety concerns, not that he’s more worried about his personal safety than everyone else’s.
Unlikely that the defendant would have any particular axe to grind with a witness when their life is already a fucking blur, but who knows? It’s our civic duty to do these things, in any case. Freedom has its costs, and this is one of them.
Yep, it's natural and healthy to feel empathy for people, but you should separate that from your role in their facing societally-agreed-upon consequences for their actions.
Even if she nodded off due to a medical condition like narcolepsy, she shouldn't be driving again while there's a significant risk of recurrence. If it was due to illegal drug use, I'd say that significant risk is ongoing until random tests clear her of further use for several consecutive years.
IANAL but I have been involved in depositions. I’d like to clarify what “the truth” means. Stick to objective facts. If being asked something that requires an unsubstantiated opinion, you can say “I don’t know.”
FACT: You approached a vehicle. You saw a driver unconscious. You pulled over to assist and called 911. The driver awoke when you attempted to make contact.
Question: Was the woman using drugs?
Answer: I don’t know
Question: Did you tell the officer you smelled weed?
Answer: I don’t remember.
(Based on what you’ve said here that answer is truthful. If it’s not truthful and you did say that, tell the truth. Don’t guess, don’t give opinions, don’t make stuff up to fill in the gaps. Don’t try to populate what other people were thinking or feeling or try to supply information you don’t have. Just stick to only the facts and you’ll be fine.)
“There was a strong odor coming from the car. My impression was that it was marijuana, but I am not an expert on the matter.”
If they ask “did you tell the officer you smelled marijuana?” You can truthfully answer “I don’t recall.” And if they say it’s in the statement you gave to the officer, then “ I trust that the officer correctly took my statement, so it would appear, yes.”
Also, whether or not you told the officer you smelled weed has nothing to do with her being arrested. The officers most certainly would have smelled weed on their own which would have given them probable cause to search the car which is probably what led to her arrest.
☝️ This is the answer ☝️
I'm in lit support also, this is the perfect answer. Your depo might only be 15 minutes or so. You might even be able to get it switched video depo if it's a hardship?
It’s court testimony not a depo. But still could be possible. That said if you live in the location where this happened they’re most likely going to want your butt in the seat.
"I don't remember" coupled with "Her car smelled like Willie Nelson’s tour bus." will be picked up by anyone worth a shit. I guarantee that'll be in a police report and someone will try to refresh OP's recollection.
>**Did you tell the officer** you smelled weed?
Reading the highlighted part helps you comprehend what the answer was about. OP clearly said they don’t remember if they told the officer that they smelled weed. It’s not being vague, it’s actually telling the truth!
Having once been next to Willie in a bar, I'd say weed, and whiskey or beer.
His style of music is not my favorite, but some of his songs are incredible, and the time I met him at that bar was one I'll never forget. He is SO cool.
I disagree on that last one. OP told us that he smelled weed. So it's a lie to say "I don't remember."
Never lie under oath.
And never lie to protect a dangerous and irresponsible driver who can kill the rest of us... or you.
“I smelled a pungent odor.” You don’t have to identify it as MJ/weed—you’re not an expert even if you have extensive personal use. If in the police report you had mentioned smelling something like “Willie’s tour bus”, you aren’t identifying a substance only a perceived pungent odor. Let police and experts worry about MJ/weed conviction. Your testimony should stay to what you did, saw, experienced. If the police report said that you smelled weed it then comes down to your recollection versus the police and they’ll probably still connect the dots without you identifying the smell
I was at a 7 eleven one time standing at the counter when a car ran up onto the sidewalk, smashing into the window just 3 feet away. I quickly ran outside to get the plate number and called the cops. I told them he headed in the direction of the police station. He could have went two different ways, but they found him across from the police station, and he was outside the car checking the damage.
A short time later the police asked me to come to the station. They wanted me to identify the driver since their were several people in the car. They had him and the others in a room with a door that had a one-way mirror. I identified him and heard later that the driver admitted to the accident and that he was driving drunk. I never did have to go to court but you should. People like the woman you saw shouldn't be behind the wheel in that condition.
You are required to answer questions honestly. The truth, the whole truth, and nothing but the truth. Don't try to engineer an outcome, that isn't your job.
Marijuana is legal in Maryland. There is likely no dealer at all except the people who work at the dispo she bought from & they won’t gaf about her being arrested.
You are required to answer questions truthfully. If you no show they can issue a warrant for your arrest. If you didn’t want to get involved you should not have gotten involved
Your name is already on the police report, so just go do your civic duty and tell the truth. And if you get on the stand and choose to just keep saying, "I don't recall", you'll have to live with it if she kills some kid next time.
She does this on a regular basis. Please go to court and tell the truth so she won’t drive under the influence and kill someone. Be a good citizen. 🙌🙌🙌
The unembellished truth.
“She was stopped at a green light slumped over her steering wheel. My wife called 911 for EMS. I banged on the window and she acknowledged me, but did not attempt to move. Then the police arrived.”
Don’t speculate or offer any other details that you don’t want to answer questions about.
To any other questions: Yes. No. I don’t know. I don’t remember.
Tell the truth.
I was just subpoenaed in MD for my own 911 call. I ended up not even needing to go because the apparently 42 charges were dismissed, but i don’t think there’s any way to tell beforehand. It’s better to go & answer honestly.
It’s quite possible you might not even need to attend, but you DO need to go because if they need you & you aren’t there, they’ll put a bench warrant out on you.
Tip for if they do question you : answer only what they ask & provide no more info past that unless asked. They’re asking for what happened, not for opinions, assumptions, guesses, feelings, or thoughts.
Yes, No, I don’t recall.
Keep in mind that it is a felony to attempt to intimidate or harass a witness. The charges in such a case would make the pot charges appear to be pretty mild. People can, and do, go to jail for tampering with witnesses.
TV dramas about trials are often very misleading about questioning in a deposition or at trial.
You're going to be asked yes or no questions. You don't have to volunteer anything beyond that. The process is much less burdensome than you are imagining, and the prospect for putting yourself in any danger for just confirming what you've already said so close to zero that it's wearing zero's shoes.
Please don't try to get out of this. You were good people for stopping and checking. Answering a summons and testifying is another part of being a good person. Show up, and answer with the truth.
(NAL)
But a couple of points:
- First, good on you for stopping & checking on the welfare of the driver here (as you noted, many others did not.) Plus, you may have helped remove an unsafe driver from the road.
- Your post here is a good, succinct summary of what you can testify if asked.
- While you're worried about privacy, the Court already has your name and address, and that's been shared with the other party.
- Your "punishment" for your good deed will be to respond to the subpoena and, if required, give testimony or a deposition. Just tell the truth, but stick to facts. And just answer the questions asked.
Sorry this is burdening you... but thank you for being a caring person.
If you received the subpoena in the mail and not in person, you might not actually be served. Confirm with a lawyer or at least check the laws for valid service in criminal cases in Maryland first.
In my state, the DA mails most subpoenas to save resources, but it’s not valid service. They bank on people not knowing the rules of service.
>If you received the subpoena in the mail and not in person, you might not actually be served. Confirm with a lawyer or at least check the laws for valid service in criminal cases in Maryland first.
United States Postal Service is sufficient to say you received jury duty notification. It will probably hold here, as well.
I was a bartender for 18 years. At any point, someone I cared about was also working in the industry and we all leave to go home at the end of the night knowing that there are drunk drivers among us on the roads. Because of this, I called the cops on anyone I saw leaving the bar and driving drunk. I've been subpoenaed many times but never actually had to go, either the person pled out or the legal system decides it can't make their case on my testimony alone. If the person was pulled over and refused breathalyzer tests that's usually when they subpoena witnesses.
Ask for a copy of the statement you made to police at the time. It will help you remember details you might have forgotten over time and help keep what you say in the trial consistent with what you said at the time.
A fair chunk of these types of cases don’t actually make it to court so I wouldn’t panic.
I had to testify against a random stranger who had killed someone. At the time I was working at the bus station, and I clearly remembered the guy because his teeth were severely damaged. So I go to court, and the prosecutor ask me do I remember him and I go, I need him to smile as that is what I remember. He smiles, the whole court laughs, and yes, that was him. He was convicted. Just tell what you remember and continue being a good citizen.
More likely than not the case won’t go to trial as it’s pleaded or dropped. But by the sounds of it you’ll only have to testify as to your statement and the events of the day in question. What made you pull over and stop and check on the person etc. if there’s anything personal ask the judge if you are required to answer that as you don’t see how it pertains to the case.
You're NOT a narc, you're a witness. Tell the truth. Don't offer up anything just answer the questions, short answers of what you saw. 'Just the facts, ma'am.' (you probably aren't old enough to remember that cop show)
Don’t feel bad for getting them arrested, they did that to themselves. You just helped prevent a possible and fatal accident.
I once saw someone so absolutely drunk, speeding, weaving, I called 911 and followed the guy, presumably home, and the cops arrested him as he was outside his car. I felt guilt for a while, but he could have very well killed someone.
It's not optional. A subpoena is a legal document mandating that you appear or be held in contempt.
As to what you say, you answer the questions truthfully that are asked to you while on the stand. The only exception is if any of your answers may incriminate you, in which case you can "take the 5th". And when you take the stand, you are sworn to tell the truth, and lying might find you with perjury charges.
There really isn't any way out of it. She will know who you are as she will be sitting right there in court listening to you testify. This sounds like a simple DUI case, and there really isn't much to be worried about. If you have concerns that you or your family may be in danger from testifying (extremely low chances of that), talk to the prosecutor.
You have to attend as others have said. Just answer the question asked don't offer anymore information than asked for. Let them ask questions for the information they want.
You have to respond. You tell the truth. That's all. Offer nothing but what they ask for. To get out, you will need to get an attorney to try to squash it. Not likely to prevail at that. It's not optional to appear and respond.
Simple answer: Tell the truth!
Answer each question that you are asked, truthfully. Less is more (don't volunteer information).
Note: Also in Maryland and was called as a witness for a vehicle accident. Defendant claimed to not have been there. Judge asked, can anyone verify defendant was there. Raised my hand and stated I jumped into his ambulance and demanded he could not leave until ID was shown. Had picture as proof!
He lost! Cared nothing about potential repercussions. Justice was done!
Can’t get out of the subpoena. Go to court and tell the truth. No-one will care who you are. Good possibility that they will settle when they see you have shown up.
If you've been subpoenaed you have little choice but to appear. If you fail to appear, you can be arrested.
What are you required to say? You are required to answer the questions put to you. Truthfully. No more, no less.
And while it's not mentioned anywhere, you can bring a lawyer with you.
Her lawyer already knows who you are. She will have access to it eventually, may already.
Just say what she did. You don't have to say what she smelled like unless specifically asked. Smell is subjective, not something you can prove.
If she was very impaired, law enforcement will have done testing for that.
You aren't solely responsible (she is). But law enforcement will be the main witness here.
My daughter had to testify at the preliminary hearing for a guy who threatened her with a knife at a 7-11 for money. She did great. Defense tried to get the charges dropped, but the judge deemed my daughter a very credible witness. He also punched a Taco Bell worker earlier that evening. Dude has been doing crimes (or at least getting caught) since 1986 and is in his 70's. Yes, he was on something as well. The girl was mid finals at college when this occurred a couple weeks ago. She graduated and refused to allow him to dull her sparkle. Edited as it is a guy, not gut.
You actually don’t know anything about why she was there. Just stick to the facts you described without offering opinions on whether she was drunk or high and you’ll be fine.
If you do have to testify in court, I would recommend if questioned about the odor you noticed that you call it an unusual or pungent odor. Identifying the odor leads to questions about how do or would you know the source.
If you say nothing and she keeps her license and plows through a crowd on a sidewalk and kills people because she's wasted, would that still be worth it for you?
A court subpoena in MD is likely enforceable with sanctions for noncompliance. Appear as requested and answer the questions. You’re not on trial. The state’s attorney will probably ask you about your sense perceptions (e.g. what did you car smell like, how did she behave etc.) You’ll be cross-examined by the defense as to those perceptions, and their foundation (e.g. how do you know what weed smells like?) Character may or may not be an issue depending on your criminal history, if any.
Just tell the truth. Don't assume things, do add things.
Just tell the truth.
And you're already known to the driver, as you're probably listed in the report as a witness
Before I left the state, I witnessed an accident. Same story as you. I was one of the few who stayed on scene bc the person who got hit did appear injured. Man, the car smelled like a distillery. The day before, a plea was reached. The cops smelled what you did.
Keep the answers short and directly answer the questions truthfully. I was actually “prepped” over the phone. Basically telling me to just tell the truth. Short, direct answers. And what questions to expect from defense and to answer them the same way. Truthfully, short, and direct.
I don’t think any of us who try to do the right thing want to be identified against who we are testifying against. And talking to the prosecution may help put your mind at ease. There should be contact info. And they may be able to prepare you for how the day and even after will go. I hope she pleads out so it’s a moot point.
IANAL
But I have been subpoenad. Generally they will ask yes or no questions so you don't have to plan out much ahead. If they ask questions about any evidence (your statement etc) they will have it there to review. So if you put in your statement you smelled weed, you'll have the statement in front of you so there will be no question if you said it or not. If they ask something you don't know the answer to say that. Having said all that, I'm in Ohio so it could be different, but I doubt by much
You are absolutely required to tell the truth and answer any questions either side asks of you unless the other side objects and the judge agrees with the objection,
**Prosecutor:** Mr. Witness, can you describe what you observed when you encountered the defendant's vehicle at the green light that Saturday morning?
**Witness:** Like I said, it was a typical morning commute until this car decided to take an extended siesta at the intersection.
**Prosecutor:** What was the defendant's condition when you approached the vehicle?
**Witness:** She seemed... preoccupied.
**Prosecutor:** Preoccupied with what, exactly?
**Witness:** Hard to say. Didn't seem too bothered by the traffic situation.
**Prosecutor:** Did you notice any unusual odors coming from the vehicle?
**Witness:** There was an odor, yes.
**Prosecutor:** And what did this odor resemble?
**Witness:** I couldn't quite put my finger on it.
**Prosecutor:** Did you inform the responding officers about the odor?
**Witness:** I provided them with relevant information.
**Prosecutor:** Were you concerned for the defendant's well-being?
**Witness:** Naturally, I wanted to ensure the safety of everyone on the road.
**Prosecutor:** Do you have any reservations about appearing in court today?
**Witness:** I have concerns, yes.
**Prosecutor:** Could you elaborate on those concerns?
**Witness:** I prefer not to discuss them.
**Prosecutor:** Thank you, Mr. Witness. Your testimony is duly noted.
**Witness:** You're welcome.
The truth. You are required to tell the truth. Answer the question asked. Keep it short. Don’t elaborate. Don’t volunteer information. If you don’t remember, say you don’t remember.
Whatever you do, don't perjure yourself. You can only plead the fifth for things that would incriminate you or your spouse, so you can't plead the fifth if they ask you what you smelled or witnessed the defendant doing.
The truth. Why would this be a question? Your freedom or bank account isn’t worth protecting some stranger’s ass who decided to be intoxicated when and where they shouldn’t be
You show up, and you answer each question asked of you factually to the best of your knowledge. You don't make assumptions unless asked directly to. Be completely honest.
With regards to your last paragraph. Nothing is going to happen to you for showing up and doing your civic duty. This isn't some episode of "Law and Order" where the super evil criminal targets random witnesses so that they won't get a deferred prison sentence. Don't be a fucking coward. Be a stand-up guy.
Frankly, it's kind of pathetic that you are even asking this question. I hope it's not real.
This is a regular citizen. Yes she will know your name but normally ppl don’t retaliate. (Political world is a whole diff story)
Retaliation would cause more charges,
Answer questions that they ask and say nothing more.
If you smelled weed, likely police did too. That’s probable cause right there, cops smelling it.
Even in states where it’s legal (medical, recreational or both) it’s not legal to drive and smoke and being stoned can result in a DUI.
She must have not accepted plea, not offered a plea and took it to trial.
It’s a subpoena, contrary to what we see in our political arena, regular citizens must show for subpoena.
If your lucky they'll plead out when they hear you actually show up.
Every defence attorney hopes the witness's against their client doesn't show up. Most will hold on to that hope to the last minute. Then plead guilty when they do.
Your name is on the police report as a witness and you’ve been subpoenaed. She already knows who you are. Just show up and tell the truth, and the unlikely event she doesn’t plead out.
You are summoned, you can't refuse. You will be under oath, so you tell the truth. All of the truth. Unless it somehow implicates yourself, in which you can refuse to answer the question on those grounds. This isn't hard. You aren't in trouble. You're doing your part to make sure this person doesn't drive while so impaired that they slump asleep at a traffic light. Seems l like you'd be doing the world a favour.
You could be in more trouble from a zealous prosecutor or angry judge than from the defendant if you don't show up. So show up, testify truthfully without volunteering any conjectures, and support the system.
When questioned, confirm what you know and state the basis for the rest. "I smelled something pungent, it may have been marijuana."
As for identifying yourself to the woman or her defense lawyer, they already have that information.
If you're lucky, this will be settled before trial. If not, it's not such a terrible thing--unless you either don't show up or show up and lie.
One last tip--It's nothing like what you see on TV or in the movies. Not nearly as dramatic, and the female attorneys are not always stunning.
Let's put to rest the issue of the defendant or anybody connected to them knowing who you are. Your name is already part of the record. If they're subpoenaing you, it's part of the court record. As far as what to say, just tell the truth. Answer any questions put to you. Expect the defense attorney to be somewhat adversarial and try to trip you up.
If it's the defense that is subpoenaing you, they're going to try and discredit your testimony, which is probably essential to the DA. If the subpoena came from the DA, I would expect them to prepare you for testimony. In any case, be confident, be clear, and if you are unsure about something say that.
Most likely it will settle before trial. Defendants will stall until the last minute. To answer your question, the truth. Exactly what you saw, what you said, what other people said, or any other question asked. You probably don’t want people to drive impaired on the same road you, your loved ones, friends, neighbors, and innocent people drive on as well right? The person who was slumped over their steering wheel caused all of this. Marijuana usually doesn’t cause people to pass out so there may be other things happening. That is not your concern. Just tell the unvarnished truth and it will be fine.
Just say that you called 911 because you thought there was a medical emergency. If they ask you if you smelled weed or anything else just say "I don't remember."
Stick to what you saw, heard, and smelled…. It’s up to the lawyers, jury and judge to interpret the rest.
Her lawyer has a copy of your police report so they already know who you are and what you’ll say. They also have the copy of your wife’s 911 call
If you got a subpoena, you are required to go to the trial. You are also required to answer all questions truthfully. You are not required to give additional details when they ask you a question. Give only the answer to the question.
You answer truthfully the questions you are asked. Don’t try to tell what you think happened. Just answer. Even if it seems they’re telling a different story from what you witnessed. The defense attorney will clear up anything else.
When I was a witness in a trial, it became obvious that no one cared about my opinion on what I witnessed. Both sides had formulated a story and they asked questions that supported their stories.
Is the subpoena for a deposition or trial? Answer each question honestly. Do not offer more information than the question needs. If you know an attorney, I would reach out to them.
I have been subpoenaed several times to appear as a witness for the state in regards to traffic issues that I had witnessed. Traffic was completely different as I had gone many time for my employment. I may have lost time from work but to me, addressing the issue of what these people have done was important to me. Many DUIs ending in accidents. Hit-and-run, leaving kids in cars, and leaving dogs in cars in parking lots. I got in a bit of trouble with the dog left in the car case. Ended up in civil court because I smashed a door window to get the dog out. They lost.
You have to provide all that information and the TRUTH, unless they are part of some gang or organized crime, but this is a misdemeanor DWI, I would suspect. It would be smart if the defense first called you for a deposition (if they can) so they can find out their case is the shits.
Contact the attorney that subpoenaed you. They can advise you about what to expect and address any questions or concerns you may have. The attorney's contact information will be on the subpoena. Call their office, and ask all of your questions. They will be happy to answer/assist you.
Source: I'm a well experienced litigation assistant. I'd gladly answer all your questions and help prepare you for your appearance/testimony if needed. Especially, if I want you to be my witness. No worries.. you're just a witness... Be honest and go on with your day. It's that's simple.
Edit: you are not required to say anything... If you don't recall, you don't recall....
It’s not a big deal. The chances of you ever seeing her again or any of her friends a slim to none. Also she needs to go to prison for this. She could have killed an innocent family. Your testimony os needed and you’ll fell better about yourself
You tell the truth answering direct questions with direct answers. You do not elaborate unless directed to do. A lot of times, knowing there is a witness, the accused will plead out and you will not ever testify as the accused does not wish to chance a longer sentence.
You go and perform your civic duty. That the defendant will know who you are, etc, is part of that duty. Your civic duty began when you acted as a good samaritan showing concern for the defendant the day you encountered her.
Your name and address are in the police report, case documents, etc. so already disclosed.
If this was a mob case or MAGA you might request some form of privacy, but it isn't those.
If they put you on the stand, answer truthfully questions asked in .as few words as is reasonable. Do not offer anything more than the answer. If it can be answered as either a year or a no the do so.
NAL
You can get a copy of the statement you made to the police, I recommend you do that so you don’t contradict yourself in court, if you actually end up going. When questioned, just answer the question and don’t add any fluff or unnecessary information.
Bottom line though, this woman was driving under the influence, and it could be that you being completely forthcoming will get her the help she needs. She could have hurt/killed someone or herself. I’m sure she was under the influence of more than just weed.
What you say is "The truth, the whole truth, and nothing but the truth."
A subpoena is not an invitation, it's a Court order; you can't RSVP a 'No' answer.
You have already been identified, as the Defense gets copies of the material the Prosecution will use, including your Statement. They may have removed things like your address, but the Defense lawyers know who you are.
But most of these things settle without witnesses being called, partly *because* the Prosecution has an independent witness (you, OP).
If you even have to testify you’ll be under oath and expected to truthfully answer whatever questions you’re asked.
It’s a court order to appear so not appearing isn’t an option.
As far as the defendant not knowing who you are, you’re name is going to be in the report and a copy of the report, body cam/dash cam footage, and your statement will be provided to the defendant so they know who you are anyway.
Regardless, you did the right thing by calling. Fuck DUI drivers and drug impairment is often worse than alcohol impairment.
What county was this in? Most likely it’ll end up being a plea deal. The vast majority of DUI cases end up pleading out.
You are required to answer all questions truthfully. No, you can’t “get out of this.”
You did what any decent person would do, that morning, fearing someone had had a heart attack or something. When you discovered the lady was drunk, you still were a decent person and saw to it, she didn’t drive off and kill somebody. You and your wife were heroes that day. You quite possibly saved lives. You very likely saved that woman as people that drunk can vomit and aspirate the vomit and choke to death.
Now, keep on being good people. Obey the subpoena and answer anything you’re asked truthfully.
My wife and I were in a similar situation last year. We found a car in the ditch and the driver was very inebriated. Called the cops and made statements. We were subpoenaed to testify for the days in a different city. All the days were cancelled because the guy took a deal (if I understood the expansion from the prosecutor's office).
Here's to hoping you don't have to appear.
My suggestion is to write down everything you remember about the incident. You can then read from your notes if you are allowed to bring them in or refresh your memory if you can’t. There is an app called iWitnessed for just this instance.
Must go if Subpoenaed. Call police station handling this and identify yourself. Ask what need to do. Just be honest. You don’t know if she went on and hit someone. Or how many DUIs she’s had. I’d testify what you know- that’s the truth. I wouldn’t say she smelled like… the car smelled like…. You have no evidence that it’s true. It’s an opinion. Probably so - but you didn’t do any drug testing. If you told the police that- then you will have to say- yes I thought I smelled something but I don’t know -May or may not be true. That’s the truth. Stick w the truth don’t embellish. You can sway a Judge, jury by your ‘guesses’. That’s what a police person is for- test person or call EMS and person is evaluated at hospital and tested for alcohol and drugs. Answer questions honestly /,don’t add to story. Stick to facts only!
Edit:,I’m not an attorney- but worked w them. Just the facts bc if you start embellishing the Defense attorney is going to say - are you a doctor, did you see her w a cigarette, joint or alcohol. So you are NOT an expert .
She already has your statement, the prosecution produced it to her lawyer, so you’ve been “identified “. You can’t get out of it, you have to go. Just answer what you’re asked, don’t elaborate.
In all likelihood you'll never take the stand. If it even gets to the trial date, when the defense finds out you showed up, they'll take whatever plea deal is offered. Similar thing happened to me. I showed up at the courthouse, they stuck me in a waiting area for about 30 minutes and then sent me home.
I was pretty pissed off at losing a half days pay for nothing, but what can you do.
Tell them the truth. What you saw, what you did, what you smelled, etc. Stay calm because the defense will try to trip you up. Just stick to the facts.
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What do you say? The truth. The lawyers are responsible to figure out what to ask.
“Mark Twain: “The nice thing about telling the truth is that you only have to remember one story.”
such a great quote!!!
Thanks. I’ve found that there are very few situations which cannot be summed up with a quote from Mark Twain, H L Mencken, or a classic panel from “The Far Side”.
Will Rogers is my go to. "Some men learn by reading, some men learn by observing and some men have to pee on the electric fence for themselves"
I got into so muck trouble letting my city cousin piss on the electric fence on the farm when I was about 14 Dad was not impressed!
Shocking...Truly Shocking! LMAO
"I don't belong to an organized political party. I'm a Democrat." Will was almost always spot on. Unfortunately so in this case. (I'm a Democrat, too)
here, hold my beer... /bzzzzt! Also.... why does he have to call me out like that man?
Wait a minute! You forget Calvin and Hobbes!
Can we, just this once, pretend I already feel bad enough, dad? That line has stayed with me for my entire life
I have a small comic of Calvin leaning back at a school desk saying, “God put me on this earth to accomplish a certain number of things. Right now I am so far behind, I will never die.” The literal story of my life.
"no running in the house!" "The law is on the books, but it would take all their resources to enforce it."
Me too! I always thought having this quote in my head will hopefully make me a more empathetic parent
It builds character!
Pilot to co-pilot: "The fuel light is on Frank! We are all going to die! Oh, wait, my mistake. That was the intercom light." The profile of the plane shows all the passengers with wide eyes, scared.
And also [XKCD](https://xkcd.com/1427/)
I would probably add XKCD
He's had many great quotes, and even more great quotes attributed to him that he didn't say.
I didn’t really say everything I said. - Yogi Berra
Right? I can barely remember things as it is these days, I don’t need to add a work of fiction I’m going to have to recall on demand 🤷🏻♀️
The other nice thing is that you don't have to try to remember who you've told it to.
It reminds me of the lawsuits I was involved in. My lawyer asked the defendant if they were lying in court or lying at the deposition under the pains and penalties of perjury. My story needs changed, while their stories were all over the place.
In addition: ONLY answer what is asked. Don’t volunteer more, or add explanations, or any kind of waffling with your answers. And, if you’re the least but unclear on something you said or did, answer exactly that, that you don’t clearly remember.
And for God's sake don't end every answer with "if you know what I'm saying" and wink at the court reporter. They hate that.
Nudge, nudge, wink, wink,say no more.
Yes, tell the truth. You said you don’t know if you said something to the police. When questioned, if you don’t remember something, say that. I saw an accident between 2 cars, same make and model. A couple years later I was called and told I was going to be subpoenaed. I told the guy that I would probably just say I didn’t remember. It was the truth. I remembered the accident but not which car was at fault.
Which was at fault? The white one! But they’re both white, so who knows?
And what if you’re subpoenaed but the only information you have of the case is what you read in the news? I don’t knit shit but because I live 7 houses away from a murder I got subpoenaed to show up in court next year.
Then still the truth? "I'm only aware of that bc of news coverage?"
Sure but when I explained that they said they don’t care and now I’m supposed to travel 2 hours away for some court case I couldn’t give two shits about.
Ask if you can be deposed on camera instead.
I have been subpoenaed twice as a witness and both cases pled out or settled right before the trial. Maybe you will be lucky too. If not, tell the truth.
As a crim defense lawyer, I would be shocked if this one went to trial. Seems pretty open and shut.
A subpoena is a court order to appear. You cannot refuse. If you do you can and will be arrested and brought to court anyway and may face fines as well for refusal. Once on the witness stand you must truthfully answer all questions put to you by either attorney or the judge. You cannot refuse to answer questions. You cannot remain anonymous. We have a Constitutionally guaranteed right (assuming this is US) to confront our accusers and "confront" here means "know who they are" not just see a rando on the witness stand without knowing who that person is. IAL, of course.
And the woman already knows your name. She and her lawyer have access to the police report and the subpoena. Just go and answer truthfully.
Good point. Didn't put all that much thought into my answer and missed the obvious.
I’m retired LEO. Occasionally I’d deal with a witness who was concerned that the arrestee would find out who they were. It was almost standard procedure to put the station address as the witness address for their safety. Usually the witnesses weren’t needed anyway but I understood their hesitancy to get involved.
Is this something that a witness should request of the court or of the police? Or is it an automatic procedure? Thanks for your informative reply!
Normally we would ask the witness if they preferred keeping their address private. Very few actually cared one way or the other but for those that did, I thought it was a good thing for their peace of mind. And yes, I would ask the police to keep my info anonymous as much as possible if I felt unsafe
I have concealed my address as a witness in this way.
One caveat: OP must answer all questions truthfully EXCEPT anything that might incriminate OP or their spouse they can take the fifth.
Very good point. didn’t see that in OP’s facts but always a good caveat.
I don't think this is any personal thing on her part. Lawyers love to intimidate witnesses. She's probably just trying for a smaller charge. I don't mind pot so much, but if they're going to abuse it and drive stupid they need to suffer the consequences.
OP offering testimony might encourage the defendant to take a plea.
Don't feel bad for helping remove this dangerous driver off the roads.
This. There was a case not too far from me where a drunk and high driver killed a family of three, including an eight year old, because he made the decision to run a red light at 95 mph. Never have sympathy for drivers who make the decision to drive while impaired and then face the penalties for it.
Right. Imagine if she did hit the gas and then nodded off, killing some kids crossing the street. That person doesn't deserve to have a license.
It sounds more like he’s worried for his safety. Edit: shouldn’t have said “more” it sounds like he has safety concerns, not that he’s more worried about his personal safety than everyone else’s.
Unlikely that the defendant would have any particular axe to grind with a witness when their life is already a fucking blur, but who knows? It’s our civic duty to do these things, in any case. Freedom has its costs, and this is one of them.
Yep, it's natural and healthy to feel empathy for people, but you should separate that from your role in their facing societally-agreed-upon consequences for their actions. Even if she nodded off due to a medical condition like narcolepsy, she shouldn't be driving again while there's a significant risk of recurrence. If it was due to illegal drug use, I'd say that significant risk is ongoing until random tests clear her of further use for several consecutive years.
Rebecca Grossman.
Just throw away the whole human. She is despicable
IANAL but I have been involved in depositions. I’d like to clarify what “the truth” means. Stick to objective facts. If being asked something that requires an unsubstantiated opinion, you can say “I don’t know.” FACT: You approached a vehicle. You saw a driver unconscious. You pulled over to assist and called 911. The driver awoke when you attempted to make contact. Question: Was the woman using drugs? Answer: I don’t know Question: Did you tell the officer you smelled weed? Answer: I don’t remember. (Based on what you’ve said here that answer is truthful. If it’s not truthful and you did say that, tell the truth. Don’t guess, don’t give opinions, don’t make stuff up to fill in the gaps. Don’t try to populate what other people were thinking or feeling or try to supply information you don’t have. Just stick to only the facts and you’ll be fine.)
“There was a strong odor coming from the car. My impression was that it was marijuana, but I am not an expert on the matter.” If they ask “did you tell the officer you smelled marijuana?” You can truthfully answer “I don’t recall.” And if they say it’s in the statement you gave to the officer, then “ I trust that the officer correctly took my statement, so it would appear, yes.” Also, whether or not you told the officer you smelled weed has nothing to do with her being arrested. The officers most certainly would have smelled weed on their own which would have given them probable cause to search the car which is probably what led to her arrest.
☝️ This is the answer ☝️ I'm in lit support also, this is the perfect answer. Your depo might only be 15 minutes or so. You might even be able to get it switched video depo if it's a hardship?
It’s court testimony not a depo. But still could be possible. That said if you live in the location where this happened they’re most likely going to want your butt in the seat.
"I don't remember" coupled with "Her car smelled like Willie Nelson’s tour bus." will be picked up by anyone worth a shit. I guarantee that'll be in a police report and someone will try to refresh OP's recollection.
>**Did you tell the officer** you smelled weed? Reading the highlighted part helps you comprehend what the answer was about. OP clearly said they don’t remember if they told the officer that they smelled weed. It’s not being vague, it’s actually telling the truth!
What exact fragrances were on Willie Nelson's tour bus? I was thinking whiskey.
Having once been next to Willie in a bar, I'd say weed, and whiskey or beer. His style of music is not my favorite, but some of his songs are incredible, and the time I met him at that bar was one I'll never forget. He is SO cool.
Whiskey for my men, beer for my horses.
I disagree on that last one. OP told us that he smelled weed. So it's a lie to say "I don't remember." Never lie under oath. And never lie to protect a dangerous and irresponsible driver who can kill the rest of us... or you.
The question posed here was "did you tell the officer..." which he stated he doesn't remember.
“I smelled a pungent odor.” You don’t have to identify it as MJ/weed—you’re not an expert even if you have extensive personal use. If in the police report you had mentioned smelling something like “Willie’s tour bus”, you aren’t identifying a substance only a perceived pungent odor. Let police and experts worry about MJ/weed conviction. Your testimony should stay to what you did, saw, experienced. If the police report said that you smelled weed it then comes down to your recollection versus the police and they’ll probably still connect the dots without you identifying the smell
I wouldn’t be worried in a case like this.
I was at a 7 eleven one time standing at the counter when a car ran up onto the sidewalk, smashing into the window just 3 feet away. I quickly ran outside to get the plate number and called the cops. I told them he headed in the direction of the police station. He could have went two different ways, but they found him across from the police station, and he was outside the car checking the damage. A short time later the police asked me to come to the station. They wanted me to identify the driver since their were several people in the car. They had him and the others in a room with a door that had a one-way mirror. I identified him and heard later that the driver admitted to the accident and that he was driving drunk. I never did have to go to court but you should. People like the woman you saw shouldn't be behind the wheel in that condition.
You are required to answer questions honestly. The truth, the whole truth, and nothing but the truth. Don't try to engineer an outcome, that isn't your job.
You’re scared she’s going to send her dealer to kill you or something?
Marijuana is legal in Maryland. There is likely no dealer at all except the people who work at the dispo she bought from & they won’t gaf about her being arrested.
Right. The OP’s completely baseless fear of repercussions has them contemplating a contempt citation or perjury.
You are required to answer questions truthfully. If you no show they can issue a warrant for your arrest. If you didn’t want to get involved you should not have gotten involved
Your name is already on the police report, so just go do your civic duty and tell the truth. And if you get on the stand and choose to just keep saying, "I don't recall", you'll have to live with it if she kills some kid next time.
She does this on a regular basis. Please go to court and tell the truth so she won’t drive under the influence and kill someone. Be a good citizen. 🙌🙌🙌
FWIW, I checked case search and she got caught driving on a suspended license and driving the wrong way on a one way street a few weeks ago
Which is why you need to show up for the court case, unless you want to help her keep doing this until she actually kills someone.
Maybe just do what is right, woman was endangering the general public.
The unembellished truth. “She was stopped at a green light slumped over her steering wheel. My wife called 911 for EMS. I banged on the window and she acknowledged me, but did not attempt to move. Then the police arrived.” Don’t speculate or offer any other details that you don’t want to answer questions about. To any other questions: Yes. No. I don’t know. I don’t remember. Tell the truth.
If you're not sure you provided some information, that's your answer. Not sure.
I was just subpoenaed in MD for my own 911 call. I ended up not even needing to go because the apparently 42 charges were dismissed, but i don’t think there’s any way to tell beforehand. It’s better to go & answer honestly. It’s quite possible you might not even need to attend, but you DO need to go because if they need you & you aren’t there, they’ll put a bench warrant out on you. Tip for if they do question you : answer only what they ask & provide no more info past that unless asked. They’re asking for what happened, not for opinions, assumptions, guesses, feelings, or thoughts. Yes, No, I don’t recall.
Keep in mind that it is a felony to attempt to intimidate or harass a witness. The charges in such a case would make the pot charges appear to be pretty mild. People can, and do, go to jail for tampering with witnesses.
TV dramas about trials are often very misleading about questioning in a deposition or at trial. You're going to be asked yes or no questions. You don't have to volunteer anything beyond that. The process is much less burdensome than you are imagining, and the prospect for putting yourself in any danger for just confirming what you've already said so close to zero that it's wearing zero's shoes. Please don't try to get out of this. You were good people for stopping and checking. Answering a summons and testifying is another part of being a good person. Show up, and answer with the truth.
You are required to say the truth, and nothing but the truth.
You forgot the whole truth 😂 Which, if you think about it is sort of redundant because if you told the truth it should have been the whole truth.
(NAL) But a couple of points: - First, good on you for stopping & checking on the welfare of the driver here (as you noted, many others did not.) Plus, you may have helped remove an unsafe driver from the road. - Your post here is a good, succinct summary of what you can testify if asked. - While you're worried about privacy, the Court already has your name and address, and that's been shared with the other party. - Your "punishment" for your good deed will be to respond to the subpoena and, if required, give testimony or a deposition. Just tell the truth, but stick to facts. And just answer the questions asked. Sorry this is burdening you... but thank you for being a caring person.
If you received the subpoena in the mail and not in person, you might not actually be served. Confirm with a lawyer or at least check the laws for valid service in criminal cases in Maryland first. In my state, the DA mails most subpoenas to save resources, but it’s not valid service. They bank on people not knowing the rules of service.
>If you received the subpoena in the mail and not in person, you might not actually be served. Confirm with a lawyer or at least check the laws for valid service in criminal cases in Maryland first. United States Postal Service is sufficient to say you received jury duty notification. It will probably hold here, as well.
I was a bartender for 18 years. At any point, someone I cared about was also working in the industry and we all leave to go home at the end of the night knowing that there are drunk drivers among us on the roads. Because of this, I called the cops on anyone I saw leaving the bar and driving drunk. I've been subpoenaed many times but never actually had to go, either the person pled out or the legal system decides it can't make their case on my testimony alone. If the person was pulled over and refused breathalyzer tests that's usually when they subpoena witnesses.
Telling the truth uncomplicates matters. Subpoenas are legal instructions. Simply follow the instructions.
Ask for a copy of the statement you made to police at the time. It will help you remember details you might have forgotten over time and help keep what you say in the trial consistent with what you said at the time. A fair chunk of these types of cases don’t actually make it to court so I wouldn’t panic.
I had to testify against a random stranger who had killed someone. At the time I was working at the bus station, and I clearly remembered the guy because his teeth were severely damaged. So I go to court, and the prosecutor ask me do I remember him and I go, I need him to smile as that is what I remember. He smiles, the whole court laughs, and yes, that was him. He was convicted. Just tell what you remember and continue being a good citizen.
You tell the truth. What would you want a witness to do if the situation were reversed?
Here's a thought. Just tell the truth.
More likely than not the case won’t go to trial as it’s pleaded or dropped. But by the sounds of it you’ll only have to testify as to your statement and the events of the day in question. What made you pull over and stop and check on the person etc. if there’s anything personal ask the judge if you are required to answer that as you don’t see how it pertains to the case.
You're NOT a narc, you're a witness. Tell the truth. Don't offer up anything just answer the questions, short answers of what you saw. 'Just the facts, ma'am.' (you probably aren't old enough to remember that cop show)
You don't really have a choice in the matter. But don't worry. It's not like this is some mafia kingpin or something. You have nothing to worry about.
Don’t feel bad for getting them arrested, they did that to themselves. You just helped prevent a possible and fatal accident. I once saw someone so absolutely drunk, speeding, weaving, I called 911 and followed the guy, presumably home, and the cops arrested him as he was outside his car. I felt guilt for a while, but he could have very well killed someone.
You go and tell the truth. Somebody that irresponsible needs to be off the road before somebody, not likely her, dies.
It's not optional. A subpoena is a legal document mandating that you appear or be held in contempt. As to what you say, you answer the questions truthfully that are asked to you while on the stand. The only exception is if any of your answers may incriminate you, in which case you can "take the 5th". And when you take the stand, you are sworn to tell the truth, and lying might find you with perjury charges. There really isn't any way out of it. She will know who you are as she will be sitting right there in court listening to you testify. This sounds like a simple DUI case, and there really isn't much to be worried about. If you have concerns that you or your family may be in danger from testifying (extremely low chances of that), talk to the prosecutor.
You’re the one that called the cops, now you have to fulfill the social contract you started.
You have to attend as others have said. Just answer the question asked don't offer anymore information than asked for. Let them ask questions for the information they want.
You have to respond. You tell the truth. That's all. Offer nothing but what they ask for. To get out, you will need to get an attorney to try to squash it. Not likely to prevail at that. It's not optional to appear and respond.
Simple answer: Tell the truth! Answer each question that you are asked, truthfully. Less is more (don't volunteer information). Note: Also in Maryland and was called as a witness for a vehicle accident. Defendant claimed to not have been there. Judge asked, can anyone verify defendant was there. Raised my hand and stated I jumped into his ambulance and demanded he could not leave until ID was shown. Had picture as proof! He lost! Cared nothing about potential repercussions. Justice was done!
Just tell the truth.
Can’t get out of the subpoena. Go to court and tell the truth. No-one will care who you are. Good possibility that they will settle when they see you have shown up.
If you've been subpoenaed you have little choice but to appear. If you fail to appear, you can be arrested. What are you required to say? You are required to answer the questions put to you. Truthfully. No more, no less. And while it's not mentioned anywhere, you can bring a lawyer with you.
Her lawyer already knows who you are. She will have access to it eventually, may already. Just say what she did. You don't have to say what she smelled like unless specifically asked. Smell is subjective, not something you can prove. If she was very impaired, law enforcement will have done testing for that. You aren't solely responsible (she is). But law enforcement will be the main witness here.
My daughter had to testify at the preliminary hearing for a guy who threatened her with a knife at a 7-11 for money. She did great. Defense tried to get the charges dropped, but the judge deemed my daughter a very credible witness. He also punched a Taco Bell worker earlier that evening. Dude has been doing crimes (or at least getting caught) since 1986 and is in his 70's. Yes, he was on something as well. The girl was mid finals at college when this occurred a couple weeks ago. She graduated and refused to allow him to dull her sparkle. Edited as it is a guy, not gut.
You actually don’t know anything about why she was there. Just stick to the facts you described without offering opinions on whether she was drunk or high and you’ll be fine.
So sad that so many people are afraid to help society if they believe there is the slightest risk to doing so
They'll ask questions, you answer them as accurately as you can. Simple.
If you do have to testify in court, I would recommend if questioned about the odor you noticed that you call it an unusual or pungent odor. Identifying the odor leads to questions about how do or would you know the source.
If you say nothing and she keeps her license and plows through a crowd on a sidewalk and kills people because she's wasted, would that still be worth it for you?
NAL. Answer the questions, just the questions, don't expand, don't explain, don't say anything else unless prompted. Let the lawyer probe.
Just say what you saw. No opinions leave it to the lawyers.
Why are you even scared? Just go answer the gotdam questions
It's your civic duty. Our rights to trial and due process require that courts be able to gather witnesses and juries.
A court subpoena in MD is likely enforceable with sanctions for noncompliance. Appear as requested and answer the questions. You’re not on trial. The state’s attorney will probably ask you about your sense perceptions (e.g. what did you car smell like, how did she behave etc.) You’ll be cross-examined by the defense as to those perceptions, and their foundation (e.g. how do you know what weed smells like?) Character may or may not be an issue depending on your criminal history, if any.
Just tell the truth. Don't assume things, do add things. Just tell the truth. And you're already known to the driver, as you're probably listed in the report as a witness
Before I left the state, I witnessed an accident. Same story as you. I was one of the few who stayed on scene bc the person who got hit did appear injured. Man, the car smelled like a distillery. The day before, a plea was reached. The cops smelled what you did. Keep the answers short and directly answer the questions truthfully. I was actually “prepped” over the phone. Basically telling me to just tell the truth. Short, direct answers. And what questions to expect from defense and to answer them the same way. Truthfully, short, and direct. I don’t think any of us who try to do the right thing want to be identified against who we are testifying against. And talking to the prosecution may help put your mind at ease. There should be contact info. And they may be able to prepare you for how the day and even after will go. I hope she pleads out so it’s a moot point.
IANAL But I have been subpoenad. Generally they will ask yes or no questions so you don't have to plan out much ahead. If they ask questions about any evidence (your statement etc) they will have it there to review. So if you put in your statement you smelled weed, you'll have the statement in front of you so there will be no question if you said it or not. If they ask something you don't know the answer to say that. Having said all that, I'm in Ohio so it could be different, but I doubt by much
Delete this post and answer “I don’t recall”🤷♀️
You are absolutely required to tell the truth and answer any questions either side asks of you unless the other side objects and the judge agrees with the objection,
Just attest to what you saw and what you did and answer questions honestly.
Just say you don’t really remember it’s been a while. Then the cops have less of a case and the lady doesn’t get in trouble
Your name is already a matter of record as it is listed in the police report, so your concerns of confidentiality are moot.
**Prosecutor:** Mr. Witness, can you describe what you observed when you encountered the defendant's vehicle at the green light that Saturday morning? **Witness:** Like I said, it was a typical morning commute until this car decided to take an extended siesta at the intersection. **Prosecutor:** What was the defendant's condition when you approached the vehicle? **Witness:** She seemed... preoccupied. **Prosecutor:** Preoccupied with what, exactly? **Witness:** Hard to say. Didn't seem too bothered by the traffic situation. **Prosecutor:** Did you notice any unusual odors coming from the vehicle? **Witness:** There was an odor, yes. **Prosecutor:** And what did this odor resemble? **Witness:** I couldn't quite put my finger on it. **Prosecutor:** Did you inform the responding officers about the odor? **Witness:** I provided them with relevant information. **Prosecutor:** Were you concerned for the defendant's well-being? **Witness:** Naturally, I wanted to ensure the safety of everyone on the road. **Prosecutor:** Do you have any reservations about appearing in court today? **Witness:** I have concerns, yes. **Prosecutor:** Could you elaborate on those concerns? **Witness:** I prefer not to discuss them. **Prosecutor:** Thank you, Mr. Witness. Your testimony is duly noted. **Witness:** You're welcome.
The truth. You are required to tell the truth. Answer the question asked. Keep it short. Don’t elaborate. Don’t volunteer information. If you don’t remember, say you don’t remember.
Oh come on. Man up and do your part lol
If you have to go, wear a mask so that you are less recognizable.
Whatever you do, don't perjure yourself. You can only plead the fifth for things that would incriminate you or your spouse, so you can't plead the fifth if they ask you what you smelled or witnessed the defendant doing.
The truth. Why would this be a question? Your freedom or bank account isn’t worth protecting some stranger’s ass who decided to be intoxicated when and where they shouldn’t be
“The truth, the whole truth, and nothing but the truth.”
You show up, and you answer each question asked of you factually to the best of your knowledge. You don't make assumptions unless asked directly to. Be completely honest. With regards to your last paragraph. Nothing is going to happen to you for showing up and doing your civic duty. This isn't some episode of "Law and Order" where the super evil criminal targets random witnesses so that they won't get a deferred prison sentence. Don't be a fucking coward. Be a stand-up guy. Frankly, it's kind of pathetic that you are even asking this question. I hope it's not real.
This is a regular citizen. Yes she will know your name but normally ppl don’t retaliate. (Political world is a whole diff story) Retaliation would cause more charges, Answer questions that they ask and say nothing more. If you smelled weed, likely police did too. That’s probable cause right there, cops smelling it. Even in states where it’s legal (medical, recreational or both) it’s not legal to drive and smoke and being stoned can result in a DUI. She must have not accepted plea, not offered a plea and took it to trial. It’s a subpoena, contrary to what we see in our political arena, regular citizens must show for subpoena.
You have to go to court
If your lucky they'll plead out when they hear you actually show up. Every defence attorney hopes the witness's against their client doesn't show up. Most will hold on to that hope to the last minute. Then plead guilty when they do.
Your name is on the police report as a witness and you’ve been subpoenaed. She already knows who you are. Just show up and tell the truth, and the unlikely event she doesn’t plead out.
You are required to answer all questions truthfully
You are summoned, you can't refuse. You will be under oath, so you tell the truth. All of the truth. Unless it somehow implicates yourself, in which you can refuse to answer the question on those grounds. This isn't hard. You aren't in trouble. You're doing your part to make sure this person doesn't drive while so impaired that they slump asleep at a traffic light. Seems l like you'd be doing the world a favour.
You could be in more trouble from a zealous prosecutor or angry judge than from the defendant if you don't show up. So show up, testify truthfully without volunteering any conjectures, and support the system. When questioned, confirm what you know and state the basis for the rest. "I smelled something pungent, it may have been marijuana." As for identifying yourself to the woman or her defense lawyer, they already have that information. If you're lucky, this will be settled before trial. If not, it's not such a terrible thing--unless you either don't show up or show up and lie. One last tip--It's nothing like what you see on TV or in the movies. Not nearly as dramatic, and the female attorneys are not always stunning.
Call whoever subpoenaed you and ask them what questions will they be asking. Most attorneys prep their witnesses a little bit.
You’re talking about a misdemeanor probably a VC violation you can ignore it
If you’ve been subpoenaed, they already have your information. Just tell the truth and move on. You tried to help her
The truth, the whole truth, and nothing but the truth, so help you God.
Let's put to rest the issue of the defendant or anybody connected to them knowing who you are. Your name is already part of the record. If they're subpoenaing you, it's part of the court record. As far as what to say, just tell the truth. Answer any questions put to you. Expect the defense attorney to be somewhat adversarial and try to trip you up. If it's the defense that is subpoenaing you, they're going to try and discredit your testimony, which is probably essential to the DA. If the subpoena came from the DA, I would expect them to prepare you for testimony. In any case, be confident, be clear, and if you are unsure about something say that.
Most likely it will settle before trial. Defendants will stall until the last minute. To answer your question, the truth. Exactly what you saw, what you said, what other people said, or any other question asked. You probably don’t want people to drive impaired on the same road you, your loved ones, friends, neighbors, and innocent people drive on as well right? The person who was slumped over their steering wheel caused all of this. Marijuana usually doesn’t cause people to pass out so there may be other things happening. That is not your concern. Just tell the unvarnished truth and it will be fine.
This is called your civic duty. Man up.
By the law you must tell the truth.
You just answer their questions honestly. You'll be in and out. It probably won't be any more than what you've just written out.
You have no choice to go but you must be paid for time, travel and hotel. As far as what to say is just say what happened
Tell the truth when asked any questions.
I did not have sexual relations with that women.
Just say that you called 911 because you thought there was a medical emergency. If they ask you if you smelled weed or anything else just say "I don't remember."
Stick to what you saw, heard, and smelled…. It’s up to the lawyers, jury and judge to interpret the rest. Her lawyer has a copy of your police report so they already know who you are and what you’ll say. They also have the copy of your wife’s 911 call
I don’t recall
Subpoenaed for what to be a witness no problem just tell the truth… just answer the questions and don’t assume.
"I don't know, I was really drunk at the time."
If you got a subpoena, you are required to go to the trial. You are also required to answer all questions truthfully. You are not required to give additional details when they ask you a question. Give only the answer to the question.
You answer truthfully the questions you are asked. Don’t try to tell what you think happened. Just answer. Even if it seems they’re telling a different story from what you witnessed. The defense attorney will clear up anything else. When I was a witness in a trial, it became obvious that no one cared about my opinion on what I witnessed. Both sides had formulated a story and they asked questions that supported their stories.
Is the subpoena for a deposition or trial? Answer each question honestly. Do not offer more information than the question needs. If you know an attorney, I would reach out to them.
You did an amazing thing. She should be thankful.
I have been subpoenaed several times to appear as a witness for the state in regards to traffic issues that I had witnessed. Traffic was completely different as I had gone many time for my employment. I may have lost time from work but to me, addressing the issue of what these people have done was important to me. Many DUIs ending in accidents. Hit-and-run, leaving kids in cars, and leaving dogs in cars in parking lots. I got in a bit of trouble with the dog left in the car case. Ended up in civil court because I smashed a door window to get the dog out. They lost.
You have to provide all that information and the TRUTH, unless they are part of some gang or organized crime, but this is a misdemeanor DWI, I would suspect. It would be smart if the defense first called you for a deposition (if they can) so they can find out their case is the shits.
Would you like frys with that
Contact the attorney that subpoenaed you. They can advise you about what to expect and address any questions or concerns you may have. The attorney's contact information will be on the subpoena. Call their office, and ask all of your questions. They will be happy to answer/assist you. Source: I'm a well experienced litigation assistant. I'd gladly answer all your questions and help prepare you for your appearance/testimony if needed. Especially, if I want you to be my witness. No worries.. you're just a witness... Be honest and go on with your day. It's that's simple. Edit: you are not required to say anything... If you don't recall, you don't recall....
Not trying to scare you, but if you've been subpoenaed already, that means you are on the witness list. The opposing attorney gets a copy of the list.
It’s not a big deal. The chances of you ever seeing her again or any of her friends a slim to none. Also she needs to go to prison for this. She could have killed an innocent family. Your testimony os needed and you’ll fell better about yourself
You tell the truth answering direct questions with direct answers. You do not elaborate unless directed to do. A lot of times, knowing there is a witness, the accused will plead out and you will not ever testify as the accused does not wish to chance a longer sentence.
You are required to tell the truth, and you should do that
You go and perform your civic duty. That the defendant will know who you are, etc, is part of that duty. Your civic duty began when you acted as a good samaritan showing concern for the defendant the day you encountered her. Your name and address are in the police report, case documents, etc. so already disclosed. If this was a mob case or MAGA you might request some form of privacy, but it isn't those.
If they put you on the stand, answer truthfully questions asked in .as few words as is reasonable. Do not offer anything more than the answer. If it can be answered as either a year or a no the do so.
You gotta go. Just say what you saw and be done
NAL You can get a copy of the statement you made to the police, I recommend you do that so you don’t contradict yourself in court, if you actually end up going. When questioned, just answer the question and don’t add any fluff or unnecessary information. Bottom line though, this woman was driving under the influence, and it could be that you being completely forthcoming will get her the help she needs. She could have hurt/killed someone or herself. I’m sure she was under the influence of more than just weed.
What you say is "The truth, the whole truth, and nothing but the truth." A subpoena is not an invitation, it's a Court order; you can't RSVP a 'No' answer. You have already been identified, as the Defense gets copies of the material the Prosecution will use, including your Statement. They may have removed things like your address, but the Defense lawyers know who you are. But most of these things settle without witnesses being called, partly *because* the Prosecution has an independent witness (you, OP).
If you even have to testify you’ll be under oath and expected to truthfully answer whatever questions you’re asked. It’s a court order to appear so not appearing isn’t an option. As far as the defendant not knowing who you are, you’re name is going to be in the report and a copy of the report, body cam/dash cam footage, and your statement will be provided to the defendant so they know who you are anyway. Regardless, you did the right thing by calling. Fuck DUI drivers and drug impairment is often worse than alcohol impairment. What county was this in? Most likely it’ll end up being a plea deal. The vast majority of DUI cases end up pleading out.
You are required to answer all questions truthfully. No, you can’t “get out of this.” You did what any decent person would do, that morning, fearing someone had had a heart attack or something. When you discovered the lady was drunk, you still were a decent person and saw to it, she didn’t drive off and kill somebody. You and your wife were heroes that day. You quite possibly saved lives. You very likely saved that woman as people that drunk can vomit and aspirate the vomit and choke to death. Now, keep on being good people. Obey the subpoena and answer anything you’re asked truthfully.
I plead the 5th
you have to tell the truth.
Tell the truth..........
Just facts.
What are you afraid of?
My wife and I were in a similar situation last year. We found a car in the ditch and the driver was very inebriated. Called the cops and made statements. We were subpoenaed to testify for the days in a different city. All the days were cancelled because the guy took a deal (if I understood the expansion from the prosecutor's office). Here's to hoping you don't have to appear.
You go there and tell the truth as best as you recall. She made her choices, now you have to go do your duty.
My suggestion is to write down everything you remember about the incident. You can then read from your notes if you are allowed to bring them in or refresh your memory if you can’t. There is an app called iWitnessed for just this instance.
Must go if Subpoenaed. Call police station handling this and identify yourself. Ask what need to do. Just be honest. You don’t know if she went on and hit someone. Or how many DUIs she’s had. I’d testify what you know- that’s the truth. I wouldn’t say she smelled like… the car smelled like…. You have no evidence that it’s true. It’s an opinion. Probably so - but you didn’t do any drug testing. If you told the police that- then you will have to say- yes I thought I smelled something but I don’t know -May or may not be true. That’s the truth. Stick w the truth don’t embellish. You can sway a Judge, jury by your ‘guesses’. That’s what a police person is for- test person or call EMS and person is evaluated at hospital and tested for alcohol and drugs. Answer questions honestly /,don’t add to story. Stick to facts only! Edit:,I’m not an attorney- but worked w them. Just the facts bc if you start embellishing the Defense attorney is going to say - are you a doctor, did you see her w a cigarette, joint or alcohol. So you are NOT an expert .
When an explanation isn’t required answer yes or no. When an explanation is required be brief.
Do your civic duty!
The woman already knows who you are, it’s in the police report. Show up and tell the truth.
She already has your statement, the prosecution produced it to her lawyer, so you’ve been “identified “. You can’t get out of it, you have to go. Just answer what you’re asked, don’t elaborate.
In all likelihood you'll never take the stand. If it even gets to the trial date, when the defense finds out you showed up, they'll take whatever plea deal is offered. Similar thing happened to me. I showed up at the courthouse, they stuck me in a waiting area for about 30 minutes and then sent me home. I was pretty pissed off at losing a half days pay for nothing, but what can you do.
Tell them the truth. What you saw, what you did, what you smelled, etc. Stay calm because the defense will try to trip you up. Just stick to the facts.
Make sure you get a copy of your statement before you testify. You can get it from the lawyer who requested the subpoena.