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    cambridgeguy's Avatar
    cambridgeguy Posts: 2, Reputation: 1
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    #1

    Aug 4, 2008, 09:52 AM
    Out of state summons
    A few weeks ago I witnessed an accident. A drunk driver hit my brother's parked car and then failed a field sobriety test. This happened in NH but I live in Cambridge, MA. The Cambridge Police just stopped by and gave me a summons to appear this Wednesday at 8:15AM. What are my options here? I'm in sales and have account calls set up all week. This is less than a 2 day notice. Can I ask the court to do a phone deposition or make some other sort of arrangement? My brother lives in NH and will definitely be there along with a witness that was driving behind the alleged drunk driver so they should have enough witnesses. Any info would be appreciated.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 4, 2008, 09:58 AM
    Hello guy:

    Summons for what?? Where at 8:15 - Cambridge or NH? The cops don't deliver summons for lawyers, so this must be for the trial - not a deposition..

    Nope, you're going to have to go. The drunk has a Constitutional right to confront and cross examine witnesses against him. You might even have to go several times...

    Yup, being a good citizen has costs involved...

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 4, 2008, 10:03 AM
    You can contact the defandant's lawyer and ask if you can be deposed locally. But most likely not.
    cambridgeguy's Avatar
    cambridgeguy Posts: 2, Reputation: 1
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    #4

    Aug 4, 2008, 10:14 AM
    It's a summons for Nashua, NH. The guy had Missouri plates and a Texas driver's license so unless they held him for trial I'll be surprised if he even shows up. We heard him on his cell phone telling someone this isn't the first time for him. I don't know if he submitted to a breathalizer or blood alcohol test, but if he did I can't see what chance he has. Thanks for the info.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 4, 2008, 10:17 AM
    Contact the court. You shouldn't be called as a witness unless the defandant is being tried.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 4, 2008, 05:29 PM
    Quote Originally Posted by cambridgeguy
    A few weeks ago I witnessed an accident. A drunk driver hit my brother's parked car and then failed a field sobriety test. This happened in NH but I live in Cambridge, MA. The Cambridge Police just stopped by and gave me a summons to appear this Wednesday at 8:15AM. What are my options here? I'm in sales and have account calls set up all week. This is less than a 2 day notice. Can I ask the court to do a phone deposition or make some other sort of arrangement? My brother lives in NH and will definitely be there along with a witness that was driving behind the alleged drunk driver so they should have enough witnesses. Any info would be appreciated.

    If the Police served you my guess would be it's for the trial for the traffic charges. It's really too soon for a negligence trial, plus I don't see the need for a lawsuit if the drunk driver hit a parked car. Not much question about what happened.

    Contact the DA and explain the circumstances, see what can be arranged.

    On a side note - I investigate accidents and I cringe when I hear stories like this. Makes people who see an accident keep right on keeping on - unfortunate but it happens all the time. At least in a civil trial (negligence) the Attorney will pay you for your lost time and make every attempt to accommodate you.
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