What would you do?

   / What would you do? #41  
I don't disagree with you, but it's just like I told the DA.

1 - Red car hit church van
2 - Red car stayed in parking lot for 10-15 minutes with another guy out of his car talking with the lady (no clue at this point what she looked like).
3 - Red car left, I couldn't believe it, so I pulled out of the parking lot to follow.
4 - Car caught on fire somewhere, couldn't believe it.
5- Followed car so many miles on back road to driveway where it pulled into (out of sight from the road, did not follow).
6 - Call 911, took troopers an hour to get to end of driveway where I was waiting.
7 - Troopers took my statement.

Now, if I called it in, and the description of the vehicle looked like I told them and they saw the damage of the church van (about 3 miles away), the red car had white paint (from the church van I would assume) and the lady apparently didn't pass a sobriety test, I'm sorry, other than the facts of 1 through 7 above, nothing is going to change nor added to what I reported. Pretty cut and dry IMO.

At this point, I can't even remember how many doors the car had (2 or 4 door), have no clue who the guy was that stopped, nor can't even remember the lady or where the fire was in the car, other than thinking it was the engine (and I could be wrong there).

I phoned in a crime, and the state police verified that it did happen, apparently arrested the person and take my statement. Should be enough IMO as this isn't a murder who done it case.
Probably since the police didn't witness it, they need you to confirm it.

I was on a jury for a robbery and stabbing at a 7-11. The 7-11 had security footage of a purple lincoln pull up, the driver called a guy over to the passenger window, they talked for 30 seconds, then the driver reached over across the front seat passenger and stabbed the guy in the face through the open window. Then they backed out and drove away. The stabber had unique facial features (looked like a neanderthal), and his mom owned the purple lincoln. Pretty cut and dried.

Yet we had to hear from the store clerk, the store owner, the stabbing victim, the victim's young son, the passenger in the stabber's car, a kid that the stabber and the passenger picked up later and made dispose of the 'alleged' knife, the detectives and a couple more people. All you had to do was look at the tape. Clearest one I've ever seen.

So....

0E9EC6F4-133C-48B5-A91C-CA96B9A8ACA3.jpeg
 
   / What would you do?
  • Thread Starter
#42  
Its cut and dried, yeah. The seriousness of the charge by the DA against the defendant is not. The simple act of you showing up I to give testimony adds to the seriousness of the nature of the charges and helps make their case.
Look at it this way, if the DA presented testimony from you as “Joe Blow called and said X-Y-Z” then it wouldnt carry the weight of hauling your butt downtown and giving testimony in person.
Again, I don't disagree with you, but if it's so important, at least verify somehow in writing that I will show up to testify.

Honestly it ticked me off that a sheriff called me with the date only when I had to be there while I was driving and couldn't write the information down.

Worst case, send the dang court subpoena via certified mail with the the date, time and courtroom.

You call me via phone while I'm driving and give me the date over the phone that I need to be there, I don't show up, there are more holes in that than Swiss cheese.
 
   / What would you do?
  • Thread Starter
#43  
Apologies, I took 10 phone calls prior to the deputy calling me and at least 15 phone calls after the deputy called me. Forgot what they told me, and I was driving at the time.

Go after me if you must, but hopefully you get the point.

If my testimony is so important at least cover your ass that you contacted the witness other than a phone document that shows you talked to the witness for less than a minute on the phone where no one knows exactly what was said (by NC law, both parties must be aware if the conversation is being recorded). Heck, at least record the call to cover your butt.

I mean how hard can it be to send a calendar invite? I accept or ignore it. I accept it, it goes on my phone and I no excuse to be there and they can see my response (or lack of).
 
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   / What would you do? #44  
Apologies, I took 10 phone calls prior to the deputy calling me and at least 15 phone calls after the deputy called me. Forgot what they told me, and I was driving at the time.

Go after me if you must, but hopefully you get the point.

If my testimony is so important at least cover your ass that you contacted the witness other than a phone document that shows you talked to the witness for less than a minute on the phone where no one knows exactly what was said (by NC law, both parties must be aware if the conversation is being recorded). Heck, at least record the call to cover your butt.

I mean how hard can it be to send a calendar invite? I accept or ignore it. I accept it, it goes on my phone and I no excuse to be there and they can see my response (or lack of).

Yeah, I was kind of shocked first time I was subpoenaed as a witness. Deputy just called to serve me. I asked him if he didn’t have to show up to hand me a paper or send via certified mail or something like serving a warrant or civil complaint. He said nope, just call. I asked him if he got hurt or if he royally screwed something up to get stuck with that crap duty. He said he broke his left hand in a fight with perp so he was stuck at a desk hating life for a while.
 
   / What would you do?
  • Thread Starter
#45  
Yeah, I was kind of shocked first time I was subpoenaed as a witness. Deputy just called to serve me. I asked him if he didn’t have to show up to hand me a paper or send via certified mail or something like serving a warrant or civil complaint. He said nope, just call. I asked him if he got hurt or if he royally screwed something up to get stuck with that crap duty. He said he broke his left hand in a fight with perp so he was stuck at a desk hating life for a while.
For work verification on important projects, I don't phone or fax, I email. Written documentation from start to finish, in writing, with time stamps.

I would like to think getting subpoenaed in a court of law is pretty important.
 
   / What would you do? #46  
This is one reason why I have a dash camera now! Never know what it'll catch and sure beats having to deal with insure back and forth. Pictures and video put an end to the he said she said arguments! Plus the people that love to cut you off in a small car and I'm in a Ram diesel dually!
 
   / What would you do?
  • Thread Starter
#47  
This is one reason why I have a dash camera now! Never know what it'll catch and sure beats having to deal with insure back and forth. Pictures and video put an end to the he said she said arguments! Plus the people that love to cut you off in a small car and I'm in a Ram diesel dually!
Ironically enough, I actually took pics from my truck as it was a interesting sight at the time. Problem is I can get so many texts for work, that I set up my phone to delete any text messages over a year old as it was taking up too much storage on my phone (I sent a pic to my wife). I checked my photos in my phone and I must of deleted them after a year because I thought I'd never need them. I went back about 16 months on my wifes phone and gave up as it would help if I knew the actual date of the incident because that's when I would have sent them to her.

My wife was on a jury for a DWI trial last year (innocent due the ball being dropped by the state troopers) and from the date of the incident to time of trial was like 3 years.
 
   / What would you do? #48  
Probably since the police didn't witness it, they need you to confirm it.

I was on a jury for a robbery and stabbing at a 7-11. The 7-11 had security footage of a purple lincoln pull up, the driver called a guy over to the passenger window, they talked for 30 seconds, then the driver reached over across the front seat passenger and stabbed the guy in the face through the open window. Then they backed out and drove away. The stabber had unique facial features (looked like a neanderthal), and his mom owned the purple lincoln. Pretty cut and dried.

Yet we had to hear from the store clerk, the store owner, the stabbing victim, the victim's young son, the passenger in the stabber's car, a kid that the stabber and the passenger picked up later and made dispose of the 'alleged' knife, the detectives and a couple more people. All you had to do was look at the tape. Clearest one I've ever seen.

So....

View attachment 734507
It always pisses me off when they catch a perp in the act, on video, with witnesses, and he is still the "alleged" law breaker.
 
   / What would you do? #49  
It always pisses me off when they catch a perp in the act, on video, with witnesses, and he is still the "alleged" law breaker.
To top it off, 1 juror said she didn't think the prosecution proved their case. :rolleyes:
 
   / What would you do? #50  
Add another thing in life that is nothing like the movies. At least being subpoenaed for court appearance as a witness for a DUI case, a sheriff deputy calls you to inform you of the date only.

Deputy calls me while I'm driving (hands free, for work) and informs me of my court date. No time, no courtroom. I told the deputy to send me something in the mail so I can keep for my own records (court date is in June). Sorry, they don't do that.

Funny thing is if I miss the court date, I can be held in contempt or some other charge.

I'm sorry, we live in the 21st century. At least send me a calendar invite via along with the court room to my email and let me put it on my calendar.

I had a summons, the deputy didn't bother driving up the driveway, he just put a yellow stickie on the mailbox telling me to pick it up at the sheriff's office. So I drive the 25 miles to the SO, deputy and summons aren't there, he is in another county doing something! Geesh!
 
   / What would you do? #51  
It always pisses me off when they catch a perp in the act, on video, with witnesses, and he is still the "alleged" law breaker.

A fundamental part of our legal system is that everyone is innocent until adjudged guilty in a court of law.

A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted. To do so, proof must be shown for every single element of a crime.

I believe French law (Napoleonic Code)is different, the accused is assumed guilty and must prove their innocence.
 
   / What would you do? #52  
True story because I was there... retired Navy Ace fighter pilot summoned to court as officer of HOA.

Commander is a very busy guy but showed up as summoned...

Nothing happened and opposing lawyer told commander See you tomorrow to which Commander said like Hell.

Tomorrow came and no show... again I was there and then Deputy shows up at residence about missed court date.

To make a long story short commander said deputy trespassing and he won't ask him to leave again... deputy said are you threatening me and Commander said I'm done and closed the door.

About 5 pm the judge calls asking why commander is giving deputy a bad time...

Commander said opposing council is making a mockery of the court and told me he could have me in court all day and everyday and there was nothing commander could do about it.

Judge said is that right... judge asked Commander to come in the next morning and promised not to waste commanders time and he didn't waste time.

Judge went on dressing down council asking if he enjoyed being an officer of the court and said first order of business is not to waste commanders time... questions asked and answered and Judge thanked him for coming and said we will not be bothering you again regarding this matter...

I doubt I would be able to do that but I didn't shoot down 5 1/2 Japanese planes over the Pacific in one dog fight either...

Commander said lawyers are what's wrong with this country and put it all on the line...

I was 12 at the time...
 
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   / What would you do? #53  
It always pisses me off when they catch a perp in the act, on video, with witnesses, and he is still the "alleged" law breaker.
Then you should direct you anger at the writers and original signers of our Constitution. We are all presumed innocent until proven guilty in a court of law. It is in our Constitution. Do you think it should be changed? If so then how would you change it?
I know, it can be frustrating. But we need to keep innocent people out of jail. Even if sometimes the guilty walk free.
Eric
 
   / What would you do? #54  
Couple of years back while driving home I saw puffs of smoke rising from a house.
I stopped for a better look and sure enough flames were showing plus more black smoke also saw 3 people jump out of a window. By this time I was taking pictures as well.
I had called 911 early and was on hold as they were verifying my authenticity B4 taking action.
Those delays ate up about 20 mins* B4 the fire trucks showed up from less than a 1/2 kilometer away, that is about a 5 min drive.
House was a total loss.
LEO's requested my photos for evidence but I never heard of any follow up.
Not even a thank you.

That fire was very close to a high school and I strongly suspect the three people were teens from it.
Their agility and general appearance suggested such.

* local fire dept is volunteer and regulations are that the engine only leaves when a full crew is on board, hence the delay.

Wow! I've never heard of putting someone on hold to verify their authenticity! Yikes!

Our VFD policy was a minimum 3 person crew for the first truck. That's pretty bare bones from a safety standpoint. I do know of one department with a 2 person paid crew at each station and the volunteers follow them up.
 
   / What would you do? #55  
Honestly, the car was driving towards my own home, so I followed it.

Called it in, and later the state troopers showed up and took my statement at the end of the driveway where the car "pulled into".

Got a call from the DA, apparently this person is fighting the DWI charges. I will need to testify in court.

Here is the thing... I get people drink and drive, but what REALLY ticked me off is they crashed into a church parking lot and hit the church van that basically stays in the same spot 24/7 unless it's Sunday. NO WAY could you even imagine hitting it per where it's parked in the corner of the parking lot.

If you're guilty, just admit it and take the punishment IMO because you did wrong. I've been in the same boat so I can say I speak from experience.

I just don't like being the rat and sticking your nose into someone else's business.
The nation is going to hell in a hand basket because nobody wants to be a rat. For the good of the community it was your duty to report and to testify and it appears you are going through with it. . Would I want to go to court, probably not, but I would. The only valid reason not to report is if it would put you or your families safety in jeopardy. That's my two cents worth.
 
   / What would you do? #56  
You witness a hit and run in a rural area close to your home. It's apparent that the driver of the car you saw is kind of "out of it" some how, particularly after they leave the scene and their car is on fire and they are driving slow and won't stop when flames are shooting out of the car LMFAO.

Do you report it or don't worry about it?
Report it.

I called in on a driver swerving badly on the interstate and while on the phone with 911 the driver swerved very severly and almost struck another car. In order to avoid being struck the other car pulled over and ran off the roadway which caused that driver to lose control and end up stuck in a ditch with substantial damage.

The offending driver kept going and I kept following. When they realized I was taking video of them they pulled over and stopped. I stopped a significant way back and stayed in the vehicle while on wit 911. The offending driver was a younger woman, got out of the car and threw a few bottles in the grass. She walked back to the passenger side of my vehicle and I kept 911 on the phone and put the window down. She asked me if I saw the other car almost hit her. Of course, I said I saw her swerving badly then pull across two lanes and basically run the other car off the road. All on 911 tape. I asked if she was OK and her passenger. She said she was but made some
lame excuse about what was going on inside the car that caused the swerving.

By that time a deputy pulled up and as he did he ran over and broke one of the bottles she threw out of the car. He smiled when I told hime where the bottle came from and that there was at least one more. After that I left and went back to the other car where by that time another deputy had arrived. I gave the driver and her parents who had also arrived my information and told them what I saw.

I got a call from the offending driver's insurance company who told me their driver said I could clear her of responsibility. They were pretty disappointed when I told them what I had seen. But they thanked me for stepping forward.

I also got a call from the fault free drivers parents who thanked me and said they thought the offending driver's insurance was going to fight the claim until they got my statement.
 
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   / What would you do? #57  
Once stopped at a red light I had an ambulance come up behind me with siren on an blowing horn so I ceded way but in doing so had to run the red light.
I checked every which way for traffic B4 doing so.
That cost me a fine and demerit points as a LEO was hiding around the corner.
 
   / What would you do? #58  
Once stopped at a red light I had an ambulance come up behind me with siren on an blowing horn so I ceded way but in doing so had to run the red light.
I checked every which way for traffic B4 doing so.
That cost me a fine and demerit points as a LEO was hiding around the corner.
Would seem you, LEO and Ambulance Driver before Judge could work it out.

Something similar in construction saw elderly couple with ambulance honking and lights and siren and driver yelling out the window... no where to go.

The couple ended up in the irrigation ditch with nose of Chevy Caprice in water as shoulder gave way...

At that moment I thought if I can't move safely Im putting it in park...
 
   / What would you do? #59  
Once stopped at a red light I had an ambulance come up behind me with siren on an blowing horn so I ceded way but in doing so had to run the red light.
I checked every which way for traffic B4 doing so.
That cost me a fine and demerit points as a LEO was hiding around the corner.
I would have fought that hard. It is completely legal to do this where I am in order to make way for emergency vehicles.

EDIT: So long as you don't cause an accident in the process.
 
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   / What would you do? #60  
I would have fought that hard. It is completely legal to do this where I am in order to make way for emergency vehicles.
A lawyer friend informed me that ALL, even emergency vehicles are to obey traffic laws.
However they enjoy a tolerance and that even includes postal drivers.

I've, over time, just been in court all to often* to contest. An example----
Judge: "did or did you not go thru a red'? Plaintiff: "Well yes, but"
Judge: "Guilty, you admitted under oath"

* once was represented by an junior female lawyer and the judge told her to stay home and change diapers.

But then, lose some, win some, I have won my fair share, frankly it's often a coin toss.

I always suspected that it was a setup to help that LEO make his quota due to the location, time of day etc.

Admitting under oath:
Once was unjustly fined for high speed @ 3:00 AM on a deserted highway.
Could have lost my permit.
Supena was never rec'd so I contested and won a special hearing.
Got a good judge that time.
Under oath he asked me what speed was I actually doing so I replied: "Your honer I watch the road so I can't be accurate as to how fast I was going" so he asked, 99, 100, or 102? My answer was OK, probably 101!
He then asked the clerk what was the minimum fine he could levy!
Answer was '$25' and LOL the judge asked me if I wanted time for deferred payments.
He actually thanked me and shook hands.
 
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