Testifying as the Victim
Some people may feel that they don’t want to be involved in the legal process of a DWI conviction. Unfortunately for those people, a court subpoena will compel you to testify in these cases. You do have the right to refuse answering any incriminating questions – unless the district attorney has granted you immunity and then you must answer. There are occasions where the victim may have “cold feet” and reconsider pressing charges against the offender. The problem with this is the victims are actually considered “witnesses” in the case and the real victims are “the people” of the state where the offense occurred. As such, even if the victim decides to not proceed further, the district or prosecuting attorney may decide to continue the trial.
Testifying as the Offender
The Fifth Amendment does protect the offender in a DWI case from incriminating him or herself any further than the existing evidence may. This means that the offender, if they choose, may not have to take the stand and speak regarding the trial. Be prepared that there are many stages of a DWI case. Being a criminal charge, it is not a simple “conviction and sentencing” situation. There’s arraignment, preliminary hearings, pre-trial activity, the trial itself, sentencing, etc. It is a long process, so keep patient and put faith and full-disclosure in your attorney’s corner and they will be able to do the best job possible.
Law Enforcement’s Role in Court
Depending on the severity of the case, the arresting officer and/or other involved law enforcement personnel may be requested to appear during a trial. Usually their role consists of explaining to the court what they visually observed at the time of the arrest, during the booking procedures, or at any point while the offender was in custody. The officer may reiterate what was stated in a given citation or what charges were given at the time of arrest. Law enforcement personnel are the eyes and ears of the court, so to speak. They let the judge and other members of the court understand what led the offender to be arrested. There are claims that officers have falsified information during DWI/DUI arrests or that information may be inaccurate or omitted from the statements of arrest. For more information on this, see our Convicted of DWI page.
Judge’s Role in Court
A judge’s role during any trial should be that of impartial mediator. It falls on the shoulders of the judge to hear all the facts from both sides of a case and make the decision whether the offending party is truly guilty, to what degree, and what the ultimate punishment (if any) should be. Possibly the most important attribute a judge can possess is that of setting their personal feelings or prejudices aside before heading into the court room. We can all understand the hard emotions felt against a person that has injured or killed someone while driving drunk. A judge is human and has those same emotions, but must focus on the facts of the case and make their decisions based solely on the facts.
Family and Friends of the Victim
It is usually acceptable for family and friends of the victim to be in the courtroom during the trial. However, no matter how sad or angry they may be, only those people that were actual witnesses to the accident can testify against the offender. It is best to keep emotions in check when in the court room, because the judge most likely will not tolerate a disruptive outburst. Requests can be made to enter a statement on the character of the offender if that is known by someone not directly involved in the accident. These statements may or may not be accepted into the trial proceedings. If you do get something admitted, be sure it is factual and well-written. A judge will also be annoyed if you take the time to submit something for consideration and it is either illegible or just an emotional rant. That could actually hurt the victim’s case more than anything.
You must log in to post a comment.