It sounds like it will be for the prosecution.
Former San Francisco 49ers linebacker Aldon Smith goes on trial starting May 2 for DUI, hit-and-run, and leaving the scene of an accident, and his former teammate, Nick Moody will be on hand to testify. A Miami-Dade county judge ordered Moody to appear in Santa Clara for the trial. A Miami-Dade prosecutor filed the request on behalf of Santa Clara county.
Moody was reportedly on hand last August when the incident happens. He currently resides in Miami Beach, and based on this report, it sounds like he did not want to testify.