Will someone enlighten me, please?

Question

I received a subpoena to appear for the state, in a jury trial, regarding a traffic accident involving a DUI. Our vehicle was struck by the other driver (who was DUI).

I've never before been called to testify. What kind of questions might I expect from the other drivers attorney? The prosecutor? What else can I expect?

Answer 1

If they actually use you, they will prepare you for court.  The best course of action is to tell the truth, and if you don't remember, say that, instead of guessing.

They take depositions, which are sworn statements of your version of what happened.  Police will have collected physical evidence that will back up your testimony.

They will want you to start from the point just before you were hit, and ask you to explain, step-by-step what happened from then on.  They need you to help them, as they are prosecuting a DUI--you are the victim here...you will be treated with respect, and can ask questions of a victim's advocate if you need information.

Remember, however, when the DUI's lawyer is questioning you, he will try to make you look like the guilty party, trying to say you caused the wreck, not the drunk.

Above all, stay COOL!  Remember, silence is power, and if he/she asks you a question you need to think about for a moment, it is far better to take your time and think before you speak than to let the first thing into your mind get blurted out because the silence makes you nervous.

Good luck--it won't be bad, I promise!