joshuaborne
Junior Member
What is the name of your state? Wisconsin
In brief, I was issued a following too closely citation after a small fender bender. The officer who came to the scene said that if I could produce a letter from my insurance company stating that the minor damages had been paid for, the city attorney may consider dismissing the citation. I therefore pled not guilty so that the trial date would be delayed for sufficient time in order for me to get this letter.
Well, he refused to dismiss. Subsequent to the city attorney's letter advising that he would not dismiss, I returned his correspondence, stating that I would remit payment on or before the scheduled trial date.
After payment, the city attorney sent another letter, stating that because he was not notified of my change of plea IN TIME, I now owe an additional 'service fee' of $104 because he had subpoenaed the other driver to testify.
This seems absolutely ridiculous. Should the CA wish to subpoena witnesses for trial, it is certainly his perogative to do so, but not at MY expense. He was given sufficient notice - over three weeks, and I have already shelled out enough money for a simple citation.
Surely, in a legal system where one is neither required to testify or offer evidence against himself, I should not be held legally responsible for reimbursing the city for the subpoena of their own witness.
Any legal advice, case law, or applicable statute would be most helpful!!
Josh
In brief, I was issued a following too closely citation after a small fender bender. The officer who came to the scene said that if I could produce a letter from my insurance company stating that the minor damages had been paid for, the city attorney may consider dismissing the citation. I therefore pled not guilty so that the trial date would be delayed for sufficient time in order for me to get this letter.
Well, he refused to dismiss. Subsequent to the city attorney's letter advising that he would not dismiss, I returned his correspondence, stating that I would remit payment on or before the scheduled trial date.
After payment, the city attorney sent another letter, stating that because he was not notified of my change of plea IN TIME, I now owe an additional 'service fee' of $104 because he had subpoenaed the other driver to testify.
This seems absolutely ridiculous. Should the CA wish to subpoena witnesses for trial, it is certainly his perogative to do so, but not at MY expense. He was given sufficient notice - over three weeks, and I have already shelled out enough money for a simple citation.
Surely, in a legal system where one is neither required to testify or offer evidence against himself, I should not be held legally responsible for reimbursing the city for the subpoena of their own witness.
Any legal advice, case law, or applicable statute would be most helpful!!
Josh