sopinaed in a dui case with open in tox i was never charged with open in tox only driver what if im asked if i was drinking in the car
2 Answers from Attorneys
You were subpoenaed as a witness in someone else's case? You may need to re-post your question with more facts. You should always tell the truth and remember that if you gave any prior statements to the police, you have to be consistent, or you will not look credible. Also, if you admit to any crimes while testifying, then technically they could bring charges against you, and that is where "pleading the fifth" comes into play, as you don't want to incriminate yourself. If you are forced to testify (i.e., if the driver goes to trial instead of resolving), then i'd suggest you hire a lawyer to protect your interests and advise you accordingly.
If you are subpoenaed, you must appear. It is an order of the court. However, if you are asked anything that may incriminate you, then you should have counsel and you may need to take the 5th amendment as a defense to the question. http://www.wolverinelaw.com
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