After a person has been arrested for a DUI they typically will face two separate legal actions. The first is with the court system where they most likely will be charged with DUI. The second is with the Department of Licensing where the accused will likely face a suspension of their drivers license. Both personal and commercial are at stake.
When challenging the license suspension at the department of licensing level one of the options the accused has is whether or not to subpoena the arresting officer to appear via telephone conference. Each jurisdiction is different regarding what is proper service. But generally there are five requirements that must be met in order for the service of the subpoena to have full effect.
Correct subpoena form: A subpoena is for the most part boilerplate language. Many times its possible to get a standard form or example and just replace the parties name with your own, and own case number or drivers license number. But it must be an approved form on pleading paper.
Timely manner: Most statutes and legislative codes require the subpoena to be served in a certain time frame. For example the code could require the subpoena to be served 10 business days prior to the date of the hearing. If the subpoena is not served prior to that deadline than it is deemed nullified, and would not have its full effect.
Authorized legal server: Again this requirement would be spelled out in the statute and legislative code governing this process. But a process server must always be a citizen of the United States, and resident of the State where the subpoena is served. They must be over the age of 18, and competent to testify at trial. Lastly they cannot be a party to the action. If the process server does not meet those guidelines than they cannot serve the subpoena.
Type of service required: This is probably the most important aspect of serving a subpoena. Does it need to be personally served on the party, or can it be served by leaving at the place of employment. If service by place of employment is allowed than the process server can just drop the subpoena off with the receptionist or the front desk secretary.
Declaration of service: A declaration of service must always be provided to the department of license. This declaration must be signed under penalty of perjury of the laws and state all the above things mentioned. If the declaration can be notarized this will be even better. But it must be signed by the process server and provided to the department of licensing prior to the hearing.
Matthew Leyba has been practicing law as a Seattle DUI Lawyer since his graduation from law school. He focuses exclusively on representing those accused of DUI and is considered a top Seattle DUI Lawyer in his field.
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