Can I get a case regarding an auto accident dismissed due to a lack of witnesses?
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Can I get a case regarding an auto accident dismissed due to a lack of witnesses?
I was in an accident and found to be at fault by the police officer responding to the accident. The officer arrives 45 minutes after the accident so he did not witness it. The only witnesses were me and the driver and passengers of the other vehicle. The officer took statements from all parties present. The driver of the other car was from CA and the crash was in NY. Can I call the other driver as a witness and ask for dismissal of the case if the court can’t produce the witness?
Asked on October 5, 2011 under Accident Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since it appears that you have some sort of a traffic hearing to attend (a criminal offense, most likely a citation) the prosecution bears the burden of proving the claims against you under the beyond a reasonable doubt standard.
If the prosecution fails to produce witnesses or the citing officer fails to attend, the action should be dismissed as to you. If you want the driver of the other vehicle to attend the hearing, you could have a subpoena issued for his or her attendance.
Given the fact that the prosecution has the burden of producing its case and adverse witnesses, I would not call or subpoena any adverse witnesses for the upcoming hearing.
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