12 Mar
Legal Experts: In US civil trial, can a witness invoke his 5th Amendent right…?
Posted in motor vehicle accident on 12.03.11
Click here to learn more:
Best information and tips about injury claim car accident, automobile accident lawyers and personal injuries claim
in order to avert incriminating the defendant, per se?
For example, if Counsel for the plaintiff is questioning the friend (under subpoena) of a a driver suspected of drunk driving who was clearly liable for a horrific motor vehicle accident to the plainfiff whom sustained permanent damages, can this "friend" of the defendant invoke the 5th if asked if the Defendant had been drinking in order to avert the Defendant’s incrimination? NB, in this scenario a field sobriety test was performed and the Defendant passed, thus no breathalyzer was peformed.
Thank you kindly for your help.
Mega Mom: You must’ve misunderstood… we’re the plaintiffs in this case, not the party who’s liable. But thank you nonethesess.
Addendum: should read "nonetheless" my apologies for the typo.
2 comments on this topic
12. March - 9:49 pm
5th Amendment is for the purpose of SELF INCRIMINATION, not to get your friend outta a civil suit
my suggestion is this:
be glad you are not in prison for what you did, own up to the fact you were drunk and almost killed someone else and pay the damned costs!
by the way your insruance has a duty to defend, they must represent you in court
12. March - 9:49 pm
uh,,the 5th amendment serves to keep you from incriminating yourself; it does nothing to prevent you from telling the truth otherwise