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06/17/2005 Archived Entry: "I want to be a good citizen"

Today was a very downer day. I had to make a court appearence for when a woman hit my parked company van. There are a lot more details that would make this story a lot more interesting but I don't think it would be wise to tell them right now. I will say this, I understand why people don't want to report crimes and don't want to be involved in the system. I will give a bit of an explanation on this.

The woman who hit my van was arrested for DUI. The long and the short of it is that while she was under the influence, it wasn't alcohol that was influencing her. The damage to the company van was minimal, so I and the company have agreed not to seek financial restitution. I am pursuing the case as the victim because of other things that took place surrounding the incident. My main goal is that the woman get help. The judicial system has in place things that will help her. While she is being forced to address this because of the arrest, my hope is that she would take advantage of it and get some help.

She was offered a standard plea deal with a few small contingencies that I as the victim am allowed to ask for. If she did everything correctly all of this would be over in 6 months to a year, no jail time, just probation and some treatment and she had to stay clean. While that is a long time it is a far easier deal then if she is found guilty of the charges after a full trial.

I made an appearance at court today for what is basically an arraignment, she either takes the plea or pleads not guilty. Instead of doing the smart thing and taking the plea she wants a trial.

Now she is entitled to a trial and the burden of proof is on the side of the state, but we have more than enough evidence and witnesses to the event that finding her guilty will not be a problem. However a trial is not the second half hour of a TV show. It is a long drawn out process that even with the defendants right to a speedy trial can take up to a year in some cases a little longer.

There will now be motions for discovery on both sides. Motions for dismissal and motions for removal of evidence and witness statements. All of which a judge could rule in favor of either side on depending on how the facts are interpreted. There will now be supoenas issued and all the witness have to get them if they don't there will be an issue there, where the defendant isn't facing their accuser and thus a dismissal could be granted on that ground. There will be depositions which means the witnesses will have to make statements and answer questions before the trial ever takes place. So I will have to make multiple appearances. I will miss work, jobs I have schedules for are now called into question, so I risk upsetting my clients. My vacation plans which have been in place for almost a year are in question now because I can't make plans without knowing the dates on everything, and the state and the defense can both ask at the last minute that the dates for any of these things be changed.

She has rights to the trial and all that comes with it. However once she is found guilty the penalties will be much more severe, which I didn't really want. Her life will be permanently screwed after a guilty verdict at the trial. I have to admit though the thing that really has my anger is that with one more stupid decision on her part she has now taken over complete control of my life. I have to show up for court, deposition and some other events. You want to do the right thing, have a job earn a living and pay your bills and taxes and enjoy the moments of your life that are positive for you. Instead because you want make sure that you work within the system you can't have the things listed. While I realize that what would be required of me in the end of it all is probably minimal, the impact this is going to have on my career and certain social settings is going to be huge. This is not a murder trial, this is a DUI with no injured parties. I will make the sacrifices to the best of my ablity. I will still show up for court, the hearings, and the other items that will require my presence. I am just not thrilled that everything else in my life hangs in limbo untill it is over. I can see why people don't want their lives thrown into a quagmire over stupid crap. I know this is the way of justice in this country and I really am not mad at the courts, I just wish there was an easier way to ensure justice and not cost me hours on my paycheck. She really made a bad decision.

If I miss burningman I am going to to give serious reconsideration to getting restitution on those tickets they were $250 each.

This really sucks.
really
really
really
sucks

No good deed goes unpunished.