witness accounts

[nullify]

Ohio

I was involved in a car accident and got cited. I've got two witnesses' statements I plan to present at a pre-trial hearing to contest the $98 ticket. This happened at the beginning of the month so it's probably too soon for the other driver to sue me if she does. At this pre-trial hearing, can I just use signed statements, or should I try to be as official as possible? I don't really want to hassle these people anymore than is necessary, but maybe I'll need something formal in the future.

I got one signed and witnessed by another person. That other person gave me much flack about how it wasn't much of a legal document. It's just a paragraph, first person past tense, that I typed up of what the witness said. Are legal clauses really necessary? After that paragraph full of "I..." statements, it has signature lines for [Signature] and [Witness]. The Sig is for the actual witness. The Wit is for the other person who watches the witness read and sign off on it.

Also, when typing up what they've said, how exact does it have to be? Can I use different words so that the paragraph flows better? Is it okay as long as the facts are presented and the witness agrees with it?

 

[CdwJava]

The rules of court generally do not permit such written statements in to evidence at trial unless some foundation is provided. if the prosecution wishes to contest the authenticity of the letters - or cross-examine the authors - you will have to present your witness in court. Traffic court tends to be more lax on some things, so it just might be okay in your state. Your best bet would be to bring your witness with you.

And if the statement was one that YOU wrote and that the witness signed, if I were the prosecution I'd move to keep them out of evidence.

- Carl

 

[nullify]

Are prosecutors generally helpful? Like at the pre-trial hearing after I present what information I have obtained and then he or she still wants to prosecute me, will they tell me I need to bring the witness? Will they tell me what procedures I have to follow? I don't understand how witnesses can be expected to remember everything. The accident was on March 1, and the pre-trial hearing isn't until May 8. Who knows when the court date will be if there is one. I wanted to get these statements as soon as possible just so I wouldn't have to rely on them to remember. Maybe I should've just recorded the conversations or wrote down their exact short answers to my questions?

By the way, thank you much for your input.

 

[CdwJava]

You don't want to record someone's statements unless they are aware you are recording them or you know your state's laws regarding such recordings.

And I can't really say how helpful the DA might be. If OH traffic court is like ours out here, the DA won't be there - it'll be you and the officer before a judge or commissioner. You mgith want to take the time and attend a couple of days of traffic court to get some idea of what happens there.

- Carl

 

[nullify]

When I scheduled with some clerk, she said that at this pretrial hearing, I would meet with the prosecutor to see if the issue could be settled before going to court. The officer wasn't there to see the accident, and she didn't find any witnesses. I'm supposed to go present what facts I know. I'm guessing that the DA will want pretrial because he or she basically has only the statements from the other driver and me. The DA probably wants a chance to dismiss if it appears that I can't be successfully convicted. DA's like high conviction rates right?

 

[CdwJava]

DA's prefer to go forward with cases that are winnable. If they aren't, then they aren't likely to pursue the matter. If you have a chance to speak to the DA ahead of time, then your letters might be sufficient to persuade him that he does not have proof beyond a reasonable doubt.

- Carl

 

[nullify]

When you say ahead of time, do you mean at pretrial or before?