Speeding - Trial Question

[gkisystems]

My state is Wisconsin.

#1: If I go to trial and put myself on the stand (as a witness) to tell my side of the story, do I have to answer any questions from the prosecution in cross-examination or can I just say I refuse to answer any and all questions from the prosecution? If I can do this, is this a good strategy?

#2: If a police officer who did my accident report (and wrote my ticket) is called up to the stand as a witness, can I object to every question they ask her based on "hearsay?" She wasen't there to observe anything - all she could do is look at the position of the cars after the accident and talk with the drivers about it.

#3: If the police officer doesn't testify, do I have the right to make a motion for dismissal (and win) because my constitutional right is violated:

US Constitution, 6th Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

Details of accident:I was in a minor car accident and got a traffic citation for driving too fast for conditions (snowing) to avoid colliding with another object, person, or vehicle. I did not collide with another object, person, or vehicle. I stopped my car in traffic to avoid hitting a parked car. Two vehicles hit me from behind after I stopped (slide in snow)...I hit nobody.

The only witnesses are: me, the two other drivers, and the police officer who wrote the ticket.

[sukharev]

It's a 4 point violation, and you can probably negotiate with DA/judge/officer to get it down to a 3 point violation or less, and get the rest removed with traffic school. Here is a useful link: [url]http://www.dot.state.wi.us/drivers/drivers/points/point.htm[/url]

This would likely be a civil, not criminal trial, and you may be facing the judge alone (no officer or DA needed). Maybe in particular court you will have DA or even officer, but that's optional. All you referred to so far indicates you read about criminal trials, and would not apply. Anyhow, to answer your questions:

Q: If I go to trial and put myself on the stand (as a witness) to tell my side of the story, do I have to answer any questions from the prosecution in cross-examination or can I just say I refuse to answer any and all questions from the prosecution? If I can do this, is this a good strategy?

A: You can indeed refuse to answer, citing your 5th amendment rights, but that's the sure way to get a guilty verdict from the judge. What's the point of testifying if you don't want prosecutor to cross.

Q: If a police officer who did my accident report (and wrote my ticket) is called up to the stand as a witness, can I object to every question they ask her based on "hearsay?" She wasen't there to observe anything - all she could do is look at the position of the cars after the accident and talk with the drivers about it.

A: You can object, but be prepared for it to be overruled. Again, it's not a real trial. Also, objection would be valid only if indeed officer stated what someone else has told him. If he discussed the accident from his own opinion, a different objection is needed (speculation).

Q: If the police officer doesn't testify, do I have the right to make a motion for dismissal (and win) because my constitutional right is violated

A: Likely, No. This would only work in criminal court, and not for a civil traffic citation. Also, lack of witness calls for dismissal due to "lack of foundation".

[CdwJava]

One additional note re: 5th Amendment ... if you are going to assert your 5th Amendment rights, then it might be best not testify at all. Once you have testified you open yourself up to questions on the testimony. To plead the 5th could find you in contempt.

If you plan to invoke the 5th, get the aid of an attorney beforehand.


- Carl

[lwpat]

A: Likely, No. This would only work in criminal court, and not for a civil traffic citation. Also, lack of witness calls for dismissal due to "lack of foundation".

In most states you can request a dismissal if the officer does not show for court. Your motion would be for dismissal due to "lack of prosecution" or "lack of foundation". The judge has the option of giving the state a continuance or dismissing the ticket. If he starts to give a continuance you need to again object. Grounds could be that you have traveled a long way, suffered the expense of missing work, etc. and a continuance is unfair. He can still do what he wants but if you say nothing you have to come back.

You should call the clerk and find out when trials are scheduled and drop in to learn the procedure and get familar with the courtroom.

If the officer is there try to talk to him before trial and he might just drop the ticket. This depends on the state and how the particular court operates.

One tactic I have seen work is after the officer has testified and the state "rests", you usually have to ask has the state "rested", is to have the officers testimony striken because he was not certifed in "accident reconstruction". Even if he is, the state often leaves this out of his testimony and once they rest he cannot be called back.

In some states your first court date is just an arraignment where you enter a plea and they assign a future trial date. Since you intend to fight the ticket ask the clerk. You might be able to enter a plea by mail and avoid a day in traffic court.

[JETX]

Originally Posted by gkisystems

If I go to trial and put myself on the stand (as a witness) to tell my side of the story, do I have to answer any questions from the prosecution in cross-examination or can I just say I refuse to answer any and all questions from the prosecution?

The minute you 'put yourself on the stand', you open yourself to questions by the prosecutor... and you waive your 5th amendment right. The court simply won't allow you to 'present your case' without giving the other side the opportunity to question you.

If I can do this, is this a good strategy?

See above.

If a police officer who did my accident report (and wrote my ticket) is called up to the stand as a witness, can I object to every question they ask her based on "hearsay?" She wasen't there to observe anything - all she could do is look at the position of the cars after the accident and talk with the drivers about it.

You can object all you want.... or until the court tells you to stop. However, the officer will be testifying as to what her opinion is based on the evidence at the scene.... and that is not hearsay.

If the police officer doesn't testify, do I have the right to make a motion for dismissal (and win) because my constitutional right is violated:

US Constitution, 6th Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

You certainly have the right to request a dismissal.... and the court will decide if your motion is granted or not. Based on your above post.... I would say the court will deny your motion.