I've been subpoenaed for two days. Is this normal for a simple OWI?

[Libertarian01]

I've mentioned before that I witnessed an alleged drunk driver while driving for work. The incident occurred back in July of 2016.

I've received two (2) other subpoena's regarding this case, and due to, issues, the case has been delayed twice. Both of those were for one (1) day only. Finally, it looks like I'll be going to testify but the subpoena I received wants me there for two (2) days, August 29th and 30th.

WTF? I don't mind doing it and am happy to serve, but this seems a bit extreme for a simple OWI (with priors), leaving the scene of an accident, and violation of driving conditions.

The defendant is older and retired and putting up a fight, but I wouldn't think a trial would take that long for something this simple.

My only guess is that his attorney is demanding a jury trial and may draw the thing out with voir dire, thus the need for two (2) days.

Could there be more to it than this?

Regards,

Doug

 

[hoosierdoc]

That's why you get a cash cam. Maybe they could just use that

 

[2A_Tom]

I was supposed to be a wittness once waited all day and then at the end they decided not to call me.

 

[chocktaw2]

[video=youtube;34ag4nkSh7Q]https://www.youtube.com/watch?v=34ag4nkSh7Q[/video]

Best way to fly. It ain't worth it.

 

[MCgrease08]

Best way to fly. It ain't worth it.

So some drunk POS causes a crash and flees the scene, potentially putting innocent lives at risk in the process, OP sees it all go down, and your advice is to pretend it never happened?

I gotta say I can't buy into that line of thinking.

 

[BehindBlueI's]

My guess is they aren't sure the trial will go the first day. Courts schedule more trials for a given day than they can actually conduct because most plea out before it gets to that point. However, it's possible two (or more) go down to the wire and want to go on the given day. One will be "congested" to a later date. Cases with a "fast and speedy" deadline will be given priority.

 

[Frank_N_Stein]

So some drunk POS causes a crash and flees the scene, potentially putting innocent lives at risk in the process, OP sees it all go down, and your advice is to pretend it never happened?

I gotta say I can't buy into that line of thinking.

Unfortunately that line of thinking is the norm these days.

 

[Kirk Freeman]

So some drunk POS causes a crash and flees the scene, potentially putting innocent lives at risk in the process, OP sees it all go down, and your advice is to pretend it never happened?

I gotta say I can't buy into that line of thinking.

Relax, our friend is having some fun.

 

[Kirk Freeman]

Could there be more to it than this?

I am so listening to that song after this.

Yes, prosecution does not know exactly when you will go on so it is clearing the decks for 2 days. This allows you to tell the boss what is up.

Closer to trial the better picture they will have when you will go on. Call them Monday morning to confirm you have subpoena and ask them when you will go on.

 

[Libertarian01]

That's why you get a cash cam. Maybe they could just use that

I have been thinking about getting one for my personal vehicle for awhile now. However, this was work vehicle so wouldn't have applied...

I was supposed to be a wittness once waited all day and then at the end they decided not to call me.

I don't think(?) that will be the case here. I met with the prosecutor many monthes ago at that time she wanted me to be the first witness, to start painting the picture of why the sheriffs were out there in the first place.

My guess is they aren't sure the trial will go the first day. Courts schedule more trials for a given day than they can actually conduct because most plea out before it gets to that point. However, it's possible two (or more) go down to the wire and want to go on the given day. One will be "congested" to a later date. Cases with a "fast and speedy" deadline will be given priority.

This makes sense. Thanks.

Relax, our friend is having some fun.

It can be difficult to read this sometimes in the black & white typing of the internet.

I am so listening to that song after this.

Yes, prosecution does not know exactly when you will go on so it is clearing the decks for 2 days. This allows you to tell the boss what is up.

Closer to trial the better picture they will have when you will go on. Call them Monday morning to confirm you have subpoena and ask them when you will go on.

Yeah. I already plan to request the two (2) days off. Also already called the PA's office and left a message, but no return call yet.

Thanks to all for the speedy responses. I'll let you know how it turns out at the end of the month.

Regards,

Doug

 

[bgcatty]

OP-A OWI with priors is a serious offense with hefty penalties. It is not always an easy case to prosecute especially is there is an experienced defense attorney representing the defendant. There are always contested evidence issues and sometimes the prosecutor must rely on eyewitness testimony to secure a conviction of a repeat offender. Think of it this way - your testimony will put this guy away and you may be saving you and your family from a life or death encounter with a drunk driver.

 

[IndyDave1776]

So some drunk POS causes a crash and flees the scene, potentially putting innocent lives at risk in the process, OP sees it all go down, and your advice is to pretend it never happened?

I gotta say I can't buy into that line of thinking.

Unfortunately that line of thinking is the norm these days.

Agreed on both counts. While appearing as a witness or serving jury duty are both a pain in the posterior, I would not shy away from either because, first, there are some things you just don't let go by when you see them, and second, it is impossible to get a fair or even reasonable trial if the jury pool is limited to people too bored or needing the pittance they receive for serving bad enough that they don't make the effort to evade serving.