Sorry to hear about the crash and injuries. As for the court system, yes, the wheels of justice do move very, very slowly. Lawyers asking for delays are partly responsible, but I suspect that it's also due to the overloaded court system making it difficult to schedule trials in a timely manner.

As for the decision to prosecute, of course the decision can't be just left to the victim if the case is a serious one. This other driver is a threat not just to you, but to everyone else on the road if he is let go with no punishment or with just a minimal punishment such as community service. So it's no longer just you against this other driver. It's now the State (acting on behalf of all of us) against this other driver. Unfortunately, you got caught in the middle of this.

Easiest way to "get out of a subpoena" is to not respond to it if it was mailed to you. Subpoena by mail for personal appearance is not proper service as technically is must be personally served. Must people don't know this and just make contact with the DA since it does come off as a rather threatening document. Once you make contact with the DA though it is probably too late as you promised to appear.

With that said, DUI traffic collision with injuries is a serious offense and you would be doing all of us a real disservice if you didn't attend the trial. Traffic collisions in general are one of the leading causes of death and injuries (not including 'natural' things like heart disease, cancer, etc).

I agree through that the court system is a mess for the victim. The accused having certain protections, though, is what separates our system from those in other parts of the world (presumed innocent, speedy trial, right to confront witnesses, etc). On a side note, in the vast majority of cases the defendant waives their right to a speedy trial.

Sorry to hear about your injuries, and hope you are doing much better.

That aside, I understand your frustration and concerns, but you even quoted in the 6th Amendment the defendant has the right, "to be confronted with the witnesses against him." Yes, our justice system moves slowly and if you look at the statics, you can thank the huge population of illegal immigrants and their crimes for slowing the process down at least in our state along with many defendants waiving the speedy trial. Also, if you really understand the criminal justice system, the DA represents "The People of the State of California" and is looking out for ALL of our interests with regard to a criminal.

Damon, Pro Law, and Catherine,

You are all correct that driving under the influence of drugs or alcohol is a serious offense. I actually did witness an accident when I lived in Culver City. I think it was on Venice Blvd. near National, where a woman in a crosswalk was hit by a woman driving through the crosswalk against the light.

The woman in the crosswalk was seriously injured and taken away in an ambulance. The driver of the vehicle appeared to be drunk or on something and she was taken away by police. There was a group of people waiting to cross the street, so any one of us could have been hit. I don't know what happened to the victim in that accident, but of course its much worse when a pedestrian is hit than someone in a car.

My concern isn't with testifying but with getting to the court. A friend emailed me about "hardship transportation" to the court, where drivers or volunteers are provided to drive witnesses who do not have any other way to get there. I shall look into that when the trial is rescheduled.

Roz

Damon wrote, very logically:

>> This other driver is a threat not just to you, but to everyone else on the road if he is let go with no punishment or with just a minimal punishment such as community service. <<

Will the young man he have been allowed to drive - and thus, presumably a threat to everyone else - while waiting for his court appearance? I was just wondering whether the attorney Spencer Freeman Smith, who has been charged with killing a cyclist and was released on bail, will have been permitted to drive - and thus potentially a threat to the safety of other citizens - during the two and a half years since the hit-and-run incident.

Jtjh,

I don't know if the driver had his license suspended for any length of time, but he would be foolish to drive under the influence of anything again and risk losing his license.

I have not heard anything about Spencer Freeman Smith for over a year. That accident happened in Dublin. The Alameda County Courts must be even more backlogged than Contra Costa County.

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