Legal Question in Traffic Law in Georgia

Make friends with your enemy before trial?

I want to offer the other party a settlement for damage to their car. Is it legal to do this with the understanding that the other party will not testify for the DA against me in a trial regarding only the two charges of Improper Driving/Passing and Hit and Run? I maintain my innocence but do not want to gamble with a jury instructed to reach a unanimous decision before returning the verdict(s).


Asked on 9/27/03, 2:53 pm

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Make friends with your enemy before trial?

No, it is not legal or enforceable. He is subject to subpoena by the DA and must tell the truth under oath. It probably falls short of an agreement to commit perjury, because it doesn't expressly say he will lie. It is just illusory and unenforceable. It would probably be better to get him to agree to assist by letting the DA know he has received restitution and has no objection to dropping the charges.

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Answered on 10/03/03, 4:11 pm


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