Highway Traffic Act section 139.1
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Joined: Fri May 25, 2012 1:47 pm

What To Expect When Subpoenaed As Witness In Court?

by: MrsMo on

Another driver t-boned me as she was coming out of a private drive and I was driving along the main road. The other driver admitted fault at the scene but later lied in her statement to the police to try to get out of it with the police and insurance. She subsequently had to recant her statement, because her version did not make sense and it was obvious that she was lying, and she wound up admitting that she didn't know what happened (ie. she really was at fault). So the police decided to charge her with failing to yield coming out of a private drive, partly due to the fact that she lied in her statement to police instead of being honest about the accident.

I have received a subpoena to appear as a witness in court. My wife has received a subpoena as well. My wife was not in the car at the time of the accident but she returned to the scene with me and took photos. She also overhead telephone conversations I had with the other driver where the other driver admitted fault and was trying to convince me not to go through insurance and she wanted to pay me off instead (but I suspected my car was a write off so I kept telling her it wouldn't be possible -- my car actually was a write off).

What can I expect when I appear in court? What will they ask me? And what will they ask my wife? We wish that the other driver wasn't challenging her ticket, as this accident has already caused us considerable inconvenience -- missing a day of work, meeting with insurance adjuster, having to buy a new vehicle. I was just driving home to my wife and children that day, the same road I've driven on for the past 5 years, when this woman t-boned me, wrecked my car, and then acted with such dishonesty. After the court date, I hope I never have to see this woman again.

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by: Stanton on

You'll simply be asked about what happened on the date of the accident. If you wrote a statement, you'll be given an opportunity to read it before the trial to refresh your memory. The Crown will then ask questions about what happened and basically walk you through what happened. Defence will then have an opportunity to cross examine you and ask their own questions. Best advice is to just take your time and think before answering. It's normal to feel nervous if it's your first time testifying, but it's really a pretty straightforward process.

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