Chicago DUI lawyer explains what happens when you testify in a minor case

This Chicago DUI lawyer has posted here and here about accidents. She recognizes that sometimes bad things happen and it is an accident. Why on earth you would want to put people in jail or prison for an accident is beyond her comprehension. Now comes news that the court system wants you to come testify when you are involved in an accident.

March 15, Chicago, IL

In the wild kingdom of Traffic Court, a "CW" is the rarest of birds -- you can be in court all morning and never spot one.

"CW" is courthouse shorthand for "complaining witness." If someone's driving like a goof and rear-ends your car or runs you over, the ticket will likely get thrown out unless you appear in court to make your complaint.

So where are all the complaining witnesses?

If a police officer did not see the traffic violation that led to an accident, he's not the witness. He collects the information from the people involved and writes the ticket. The victim has to go to court to make the charge stick.

But most witnesses in traffic cases skip court, probably because in most cases the person who hit them took care of the property damage or injury through insurance, according to Cook County Circuit Court Judge Walter Williams, supervising judge of the 1st District Traffic Court, which covers Chicago. Williams said judges find this disappointing, especially if there was a serious injury. He said the judge may continue a case to give the state's attorney another chance to bring in a witness.

There’s one big problem with this. They don’t tell the CW what could happen. I really don’t know why they don’t because when I was prosecuting these cases I always told complaining witnesses what was at risk. If a CW testifies, anything they testify to can be used in a civil case. That’s why many civil attorneys advise folks not to testify in these minor matters. After all, there is no restitution associated with a finding of guilty on minor traffic cases, even if someone tragically died. Sometimes bad things happen and it is an accident.