Wheels of Justice

Do you swear to tell the truth…

“We can witness truck accidents or hear about what happens then to the driver, whether he is at fault or not. What happens in a court of law?”

Jamey Owens, Fairmont, GA

Jamey, in court, the bailiff will call your name, and you’ll come up front and take the oath. You know, “I swear to tell the truth, the whole truth and nothing but the truth, so help me, God.”

Let’s talk about perjury. This is telling a lie after having taken an oath to tell the truth. You have just taken an oath to tell the truth, and should you be caught in a lie, you are subject to the penalty of perjury, which does include jail time.

Most people are unfamiliar with court proceedings and uncomfortable with testifying in court. The witness’s job is to tell the truth and present his or her evidence in a way that the judge and jury can understand so they can make an informed decision based upon truthful and correct evidence.

Sounds simple enough doesn’t it? Remember that it is not only what you say, but also how you say it. I want my client to speak in a truthful, confident and straightforward manner. This is a signal to the judge and jury that you are not making things up and you know what you are talking about.

If you do not understand the question, have it repeated to you. If your answer is not clear, clarify it immediately. When you leave the witness stand, you lose the opportunity to change, modify or clarify your answers. You must make sure that what you say is truthful, correct and does not mislead the court.

A witness is sworn to tell the truth, so tell it. Tell the truth without hesitation when asked, and do not exaggerate or minimize the facts. This will make you a credible witness. Let the attorney worry about how to present the evidence, the jury how to interpret the facts and the judge to interpret the law.

Picture yourself in the witness chair explaining why you were speeding, following too close, over on your hours or any of a hundred different things that could happen if you don’t pay attention. What would you think if someone were telling you this just before they hit your car or your child?

If you want to violate the law, be ready to take the oath and tell the truth about why you did it. Be responsible for your actions. It is a lot easier to follow the law and the rules and not put yourself in the position of having to explain yourself. It’s like jaywalking; why would you risk your life to save 10 seconds, just to be on the other side of the street?

Jim C. Klepper is president of Interstate Trucker Ltd., an organization that provides legal defense protection to commercial drivers. Jim is a lawyer who focuses on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking, and he holds his Commercial Drivers License.