Testifying Accused
- After your initial interview with the lawyer, the lawyer may suggest that you may need to testify at your trial. For example, in the context of impaired driving, you may be told that you have an “evidence to the contrary” defence. If that is the case you should, at home, write out for the lawyer a very detailed statement of the events which took place on the day you were charged. For an evidence to the contrary defence, this should include: When you started drinking (look back at least 24 hours before you were charged). Who was there? Where were you? What were you drinking? When were the drinks consumed? You should include exact quantities and alcohol concentration as well as the names of the beverages you were drinking. You should also note your weight, height, and your health status as well as any medications you may have been taking at the time. Sign the statement and date it. Do not give it to the Crown or the police. Fax it to your lawyer as soon as it is done.
- If necessary, ask your lawyer for the name of the expert that he or she feels would assist you best at your trial. It is your responsibility to contact and retain the expert for an evidence to the contrary defence. The expert will test you to see at what rate your body absorbs and eliminates alcohol. The expert will also make arrangements to testify at your trial.
- When you are tested by the alcohol elimination expert, write yourself a little note about what you did with him. The Crown may want to ask you about the testing in order to test your memory.
- Keep a copy of your statement. This will become important later on, especially if your trial is set four or five months down the road. You may be able to use it at trial to refresh your memory.
- Any witnesses should also write out statements. They should do so without talking to you or each other about what they are writing. Make sure the statements are dated and signed and ask them to fax it to your lawyer.
- Start gathering the labels, bottles, or cans of the beverages that you were drinking at the time. Keep any receipts or bar tabs from that night but don’t panic if you don’t have any.
- If the drinks were consumed at a bar, pub, restaurant or other drinking establishment, ask the person serving the drinks or a person knowledgeable of the standard practices of the establishment for a letter regarding: the brand name of the alcohol served, the alcohol concentration, the ratio of alcohol to other ingredients in mixed drinks and the method of measuring the alcohol (ex. shot glass, squirt gun, button etc) and ask for a glass of the same type that the drink was served in.
- Bring the items mentioned above with you to court in a bag. Your lawyer will ask you for them during your testimony.
- Please read the other sections under Court Preparation on this website as they all relate to you.
- If you are not completely confident that your witnesses will attend court for trial, you should contact your lawyer who should be able to help you. The witness may need a subpoena in order to get time off from work.
- If you are advancing a defence of evidence to the contrary, please make sure you have been tested by the expert well ahead of time (at least a month before the trial date). Please also ensure that you have paid the expert as, if he has not yet been retained, he may not be there at your trial. This would mean the end of your evidence to the contrary defence.
- When you go to court, bring a copy of your statement with you. The Crown will probably want to see it during trial, but you will be allowed to refer to it if it will help you to refresh your memory.
- Read over your statement before you testify.