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Old 05-26-2011, 08:08 PM   #1
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So you get called by a detective to appear in court...

Do you *have* to show up? They want me to testify as a witness in a DUI/hit-and-run that happened over a year ago. The trial is in the middle of the week and would cause me to miss work. Can I do a recorded statement or anything instead? I just got promoted again and I'm supposed to be training that week. Missing work would really suck ass.

ETA: Internet legal advice FTW!
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Old 05-26-2011, 08:09 PM   #2
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Just keep in mind that without your testimony they may not be able to make the case, and a drunk driver will get off scott free
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Old 05-26-2011, 08:20 PM   #3
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Quote:
Originally Posted by tigerfan00 View Post
Just keep in mind that without your testimony they may not be able to make the case, and a drunk driver will get off scott free
True I guess, but from what I understand this individual has a history of DUIs, so shouldn't it be a pretty open and shut case?

What happened was they rear-ended me and fled the scene. I saw the driver was a blonde female as she drove away, and I included that in my report. When DPS stopped the car a few blocks away, apparently a man was driving and the blonde female was in the passenger seat. The blonde owned the car and it was insured under her name but her license was suspended because of a prior DUI. Both driver and passenger failed the sobriety test and both were arrested based on my report that the female was driving.

I guess maybe they can't use my report if I don't appear or something? It's just crappy timing, and they only gave me 6 days notice, not even enough time to put in PTO for the day I'll be missing or anything.
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Old 05-26-2011, 08:24 PM   #4
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how long will it take? can you work a half day and still make it? im sure the boss will understand.
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Old 05-26-2011, 08:25 PM   #5
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unless you're launching a space shuttle, i don't see how your boss would/could hold you from going or punish you in anyway for taking off.
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Old 05-26-2011, 08:25 PM   #6
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wow-its a damn if you do and damn if you dont situation.
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Old 05-26-2011, 08:28 PM   #7
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Quote:
Originally Posted by rab89 View Post
how long will it take? can you work a half day and still make it? im sure the boss will understand.
I work 5am - 1:30pm and the court appearance is around 10am on the opposite side of the Valley from where I work. I might be able to get a couple hours in in the morning and fly over there but hardly enough time to be worth the trouble.
Quote:
Originally Posted by jgwheeler17 View Post
unless you're launching a space shuttle, i don't see how your boss would/could hold you from going or punish you in anyway for taking off.
I'm a manager in a legal/finance department for the world's largest payment processor. Missing one day of work, even training, can cause a week of ticket backlogs in the queues I work.
Quote:
Originally Posted by Watari06V6 View Post
wow-its a damn if you do and damn if you dont situation.
Pretty much. I don't want to see the woman walk but if it's possible my testimony is just the "nail in the coffin" that could be achieved with a recorded statement or affidavit instead I'd much rather do that.
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Old 05-26-2011, 08:28 PM   #8
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Quote:
Originally Posted by jgwheeler17 View Post
unless you're launching a space shuttle, i don't see how your boss would/could hold you from going or punish you in anyway for taking off.
x2. Your going to court. Its not like your on a hangover and don't want to show up to work
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Old 05-26-2011, 08:31 PM   #9
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Quote:
Originally Posted by 0uTkAsT View Post
True I guess, but from what I understand this individual has a history of DUIs, so shouldn't it be a pretty open and shut case?
Prior criminal record does NOT equal guilty this go round



I think you should talk to your boss first chance and explain that you were rear ended by a drunk and you have to be in court on that day etc etc
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Old 05-26-2011, 08:33 PM   #10
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Quote:
Originally Posted by jgwheeler17 View Post
unless you're launching a space shuttle, i don't see how your boss would/could hold you from going or punish you in anyway for taking off.
IDK about your state, but in oregon its against the law for a business to make you work when you have a court request. They cant doc you more pay then what will be missed, or fire you or punish you in anyway.

But to the OP, just call the court or whoever is handling the case and see if a supervised recorded statement is sufficient and explain your circumstances, best i got for ya..
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Old 05-26-2011, 08:36 PM   #11
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Quote:
Originally Posted by snowgod06 View Post
IDK about your state, but in oregon its against the law for a business to make you work when you have a court request. They cant doc you more pay then what will be missed, or fire you or punish you in anyway.
That's for jury duty, etc. This is different, from what I understand.
Quote:
Originally Posted by tigerfan00 View Post
Prior criminal record does NOT equal guilty this go round
Ah... I trust your word on this. I'll have to talk with my RVP to see what can be done.



ETA: I just checked my voicemail, they're subpoenaing me to appear anyways so I have no choice lol. At least with a subpoena I have something to show the VP when I tell her. The detective is supposedly going to serve me in person, I'll just call him in the morning and make it easy on him.
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Old 05-26-2011, 08:37 PM   #12
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Advice --> <-- OuTkAsT

That's a question you might want to ask a professional
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Old 05-26-2011, 08:37 PM   #13
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Quote:
Originally Posted by 0uTkAsT View Post
I'm a manager in a legal/finance department for the world's largest payment processor. Missing one day of work, even training, can cause a week of ticket backlogs in the queues I work.
well hey i respect that, but at the end of the day, i would think you would have to go. and on a moral/possibly legal standpoint definitely (IMHO) should go.

and to snowgod, yes, i believe that's also the law in NC.
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Old 05-26-2011, 08:41 PM   #14
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I hear you, but
Quote:
ETA: I just checked my voicemail, they're subpoenaing me to appear anyways so I have no choice lol. At least with a subpoena I have something to show the VP when I tell her. The detective is supposedly going to serve me in person, I'll just call him in the morning and make it easy on him.
doesn't matter now anyways haha.

BTW, the detective sounded like he was having the longest week of his life. Maybe it'll make his day to have something go smoothly for him.
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Old 05-26-2011, 08:47 PM   #15
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Quote:
Originally Posted by 0uTkAsT View Post
I hear you, but
doesn't matter now anyways haha.

BTW, the detective sounded like he was having the longest week of his life. Maybe it'll make his day to have something go smoothly for him.
wow. well, question answered then lol. have fun?!
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Old 05-26-2011, 08:48 PM   #16
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Quote:
Originally Posted by 0uTkAsT View Post
BTW, the detective sounded like he was having the longest week of his life. Maybe it'll make his day to have something go smoothly for him.
i agree with just calling him tomorrow and telling him you will go, no need to serve you lol. Maybe give him a hug lol, brighten his day
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Old 05-26-2011, 08:56 PM   #19
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Quote:
Originally Posted by 0uTkAsT View Post
Or coffee and a doughnut?

I know, I'm a bastard.
hahaha and to add HA
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