Subpoena for DUI

[Mo Squared]

So last December I was hit by a drunk driver at an intersection in Toronto. The police arrived and found she was drunk, arrested her, and her insurance paid for all the damages to my car and the other car involved.

This May I got a visit from an officer who deliverd a subpoena to me calling me to court in September in Toronto to provide evidence against the driver. The problem is that I go to school here in Calgary and so I will not be in Toronto for the court date.

I tried to contact the officer and after trying for a million times, I finally reached him. The officer (the one at the scene of the accident) said that it wasn't a problem and I didn't have to show up. The strange thing is that he just listened to me and didnt take the case number down, the date of the hearing, or anything, not even my name. The officer simply said "Don't worry about not coming, you let me know and that is fine." then he hung up.

Should I be content with this, or will I be prosecuted for ignoring the call to court? Should I try to reach someone else? I am confused. Is my written statement at the time of the accident enough? PLEASE HELP!

[TrevorK]

If you have a supoena, I'd assume there is some sort of case number on there?

Why not contact the prosecutor on the case, I'm sure they'd be the ones that would like to know about this and would know how to handle your absence (Alerting authorities, etc...).

[Lex350]

Originally posted by TrevorK
If you have a supoena, I'd assume there is some sort of case number on there?

Why not contact the prosecutor on the case, I'm sure they'd be the ones that would like to know about this and would know how to handle your absence (Alerting authorities, etc...).


If they charged her with DUI I'm sure they have enough for their case without you but might have wanted to have you there should the defence try anothing stupid.

[BlackArcher101]

I was subpoena'd for being a witness in a drunk driving case. I was told that if I arrive, they will most likely plea bargain and I wouldn't have to do anything. If I didn't arrive, they would appear in front of the judge and go from there. In my case it would have been thrown out since I was the damning evidence.

To me, at least in Alberta, it sounds like you still have an option of showing up, just talk to the crown prosecutor.

[BlueGoblin]

If they were willing to pay for your travel out to T.O. and back, you probably would have been contacted by the Ontario Crown Prosecutor's witness coordination office to make travel arrangements. Sometimes they will send out the subpoenas for out of towners in case you will either be in town for the trial anyways or will be willing to pay your own way back if they aren't. There should be a number to call for the relevant Crown's office; if not just Google it and call them for the definitive answer.

[Davide]

I wouldn't worry about it, This guy I worked security with witnessed an offence with me 2 years ago and when I recieved the first subpoena the officer said I was the only accountable witness(since my partner moved to B.C). Unless it was a murder, your probably not worth the effort tracking down, so do what he says and don't worry bout it:thumbsup:

[ashee]

Unless they are paying your airfare and accomodations I don't think you should have to be present? Obviously she was drunk obviously she hit you they saw the result of the accident and they arrested her on scene that should be enough.

[schurchill39]

Call up the prosecutor just to be on the safe side. Let us know what the deal is.

[Mo Squared]

So I called the guy again and he wasnt picking up, but from what ive heard its not a big deal especially because there was another car involved and that guy is showing up to the hearing. So I think I am ok not showing up. Ill let all you know if I get arrested or charged for not showing up :burnout: :clap:


THANKS FOR THE INPUT

[D. Dub]

Contact the prosecutor. They may foot the bill to fly you there, hotel and food if they need you.

[Mo Squared]

Originally posted by D. Dub
Contact the prosecutor. They may foot the bill to fly you there, hotel and food if they need you.


Ive been trying to find the number, there is no number on the document expect for the police officer who gave it to me, I then called him and he told me to contact the officer at the scene of the crime. I called him and he is not picking up his phone or returning messages that I leave for him at the station.

[D. Dub]

Look up the prosecutor's/the crown office in the phonebook and phone them?!?!?