As if it’s not already very costly to battle a San Diego DUI, lawyers now face the cost of a subpoena of $275.
Previously, the California DMV administrative per se hearing was a good starting point for San Diego DUI attorneys to obtain discovery evidence for use in the primary drunk driving criminal action. The fee for that was $150. In order for these witnesses to appear at the San Diego SkyPark location, they must first be paid a deposit, San Diego DUI lawyers relate.
This wording of the new 2013 bill creates the increase:
AB 2612, Achadjian. Courts: witness fees.
Existing law provides for subpoenaing the attendance of certain
public employees, including peace officers and firefighters, with
regard to events or transactions they have perceived or investigated
in the course of their duties, and for the payment and reimbursement
of the public employee's compensation and traveling expenses.
Existing law requires the party at whose request the subpoena is
issued to reimburse the employing public entity for these costs by
tendering the amount of $150 to the person accepting the subpoena for
each day the public employee is required to remain in attendance
pursuant to the subpoena. Existing law requires the public entity to
refund any excess amount paid, and the party at whose request the
subpoena is issued to pay any shortfall, relative to the actual
expenses incurred by the public entity in connection with the public
employee complying with the subpoena.
This bill would increase, from $150 to $275, the amount required
to be paid by the party at whose request the subpoena is issued for
each day the public employee is required to remain in attendance
pursuant to the subpoena.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68097.2 of the Government Code is amended to
read:
68097.2. (a) Any peace officer, as that term is defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, any firefighter, any state employee, any trial court
employee, or any county employee, who is obliged by a subpoena issued
pursuant to Section 68097.1 to attend as a witness, shall receive
the salary or other compensation to which he or she is normally
entitled from the public entity by which he or she is employed during
the time that he or she travels to and from the place where the
court or other tribunal is located and while he or she is required to
remain at that place pursuant to the subpoena. He or she shall also
receive from the public entity by which he or she is employed the
actual necessary and reasonable traveling expenses incurred by him or
her in complying with the subpoena.
(b) The party at whose request the subpoena is issued shall
reimburse the public entity for the full cost to the public entity
incurred in paying the peace officer, firefighter, state employee,
trial court employee, or specified county employee his or her salary
or other compensation and traveling expenses as provided for in this
section, for each day that the peace officer, firefighter, state
employee, trial court employee, or specified county employee is
required to remain in attendance pursuant to the subpoena. The amount
of two hundred seventy-five dollars ($275), together with the
subpoena, shall be tendered to the person accepting the subpoena for
each day that the peace officer, firefighter, state employee, trial
court employee, or specified county employee is required to remain in
attendance pursuant to the subpoena.
(c) If the actual expenses should later prove to be less than the
amount tendered, the excess of the amount tendered shall be refunded.
(d) If the actual expenses should later prove to be more than the
amount deposited, the difference shall be paid to the public entity
by the party at whose request the subpoena is issued.
(e) If a court continues a proceeding on its own motion, no additional witness fee shall be required prior to the issuance of a subpoena or the making of an order directing the peace officer,firefighter, state employee, or trial court employee to appear on the date to which the proceeding is continued.
(f) For the purposes of the payment of the salary or other
compensation of a volunteer firefighter pursuant to subdivision (a),
a volunteer firefighter who is subpoenaed to appear as a witness in
connection with a matter regarding an event or transaction that he or
she has perceived or investigated in the course of his or her duties
as a volunteer firefighter, shall be deemed to be entitled to
reasonable compensation evidenced by the compensation paid to
firefighters in jurisdictions with similar geographic and economic
characteristics. However, the requirements of subdivision (a) and of
this subdivision are not applicable if a volunteer firefighter will
receive his or her regular salary or other compensation pursuant to
the policy of his or her regular employer, for the periods during
which compensation is required under subdivision (a).