Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-15-2005, 12:30 AM
Junior Member
 
Join Date: Jan 2005
Posts: 4
Exclamation

my name used in DUI, I didn't do it (stolen Identity!)


What is the name of your state?What is the name of your state? Washington

Someone was pulled over and charged with a DUI, and they used my name.
They did NOT get arrested, they signed my name and it is obvious that the
signatures do not match. I was arrested for not going to court for a DUI that
I had no idea about because I didn't commit it or know about it.

When I was arrested I had to spend the night in jail because they didn't have
a picture on file from that night (if they did they would have known it wasn't me!)

Please Help !! What can I do?
  #2  
Old 01-15-2005, 12:46 AM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,456
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Welll ... I suppose you can file a report for identity theft. And you can probably prove it wasn't you that was stopped, so you'll have to do that.

While it's a pisser, you will also likely have to get a lawyer.

But I'm surprised that they would let a DUI driver go with only his word for his identity ... something's just not right with that. You don't have a brother or other relative that looks enough like you to use your ID, do you?

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #3  
Old 01-15-2005, 01:46 AM
Junior Member
 
Join Date: Jan 2005
Posts: 4
Quote:
Originally Posted by CdwJava
Welll ... I suppose you can file a report for identity theft. And you can probably prove it wasn't you that was stopped, so you'll have to do that.

While it's a pisser, you will also likely have to get a lawyer.

But I'm surprised that they would let a DUI driver go with only his word for his identity ... something's just not right with that. You don't have a brother or other relative that looks enough like you to use your ID, do you?

- Carl
I do have people that look like me in my family. They didn't have my ID, and they weren't driving my car. I was surprised that they would let someone charged with a DUI go also. Do all police cars have videos? If so couldn't they look at that and tell it wasn't me?
  #4  
Old 01-15-2005, 01:57 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by soldiersmith

I do have people that look like me in my family.

My response:

So, who's the drunk in your family with prior DUI's? That's where you want to start pointing fingers.

Could it have been your evil twin brother?

IAAL
  #5  
Old 01-15-2005, 02:30 PM
Junior Member
 
Join Date: Jan 2005
Posts: 4
I already told the lawyer, someone has used my name in the past. They still are making me go through all the court dates and I haven't got to tell the judge my side yet. I can't imagine I would be proven guilty. It wasn't my car, They didn't check any ID, They didn't arrest anyone, and the signature on the ticket doesn't match.
  #6  
Old 01-15-2005, 04:52 PM
seniorjudge
Guest
 
Posts: n/a
Quote:
Originally Posted by soldiersmith
I already told the lawyer, someone has used my name in the past. They still are making me go through all the court dates and I haven't got to tell the judge my side yet. I can't imagine I would be proven guilty. It wasn't my car, They didn't check any ID, They didn't arrest anyone, and the signature on the ticket doesn't match.
How did they decide it was you?

How did they find you?

Who was the arresting officer?

Have you seen a copy of the police report?

If not, go get it, then come back here and let us know what it said.

(I've had a couple of cases like this....Bear with me.)
  #7  
Old 01-28-2005, 12:58 AM
Junior Member
 
Join Date: Jan 2005
Posts: 4
Quote:
Originally Posted by seniorjudge
How did they decide it was you?

How did they find you?

Who was the arresting officer?

Have you seen a copy of the police report?

If not, go get it, then come back here and let us know what it said.

(I've had a couple of cases like this....Bear with me.)
They decided it was me because my name was on the ticket. They must have looked my name up in the computer and found my address. I don't
remember who the arresting officer was. I do have the police report and it has my name and someone signed my signature. The car listed is not mine.
I don't know what to do. I haven't had a chance to tell the judge it wasn't me. I have to go get the alcohol counseling and then go back to court.
  #8  
Old 01-28-2005, 01:27 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951

Um


Quote:
Originally Posted by soldiersmith
They decided it was me because my name was on the ticket. They must have looked my name up in the computer and found my address. so your name is in their computer from before, previous arrest? I don't
remember who the arresting officer was. you don't remember? I do have the police report and it has my name and someone signed my signature.
Arresting officer's name or badge number should be on the report. The car listed is not mine. whose car is it?
I don't know what to do. I haven't had a chance to tell the judge it wasn't me. I have to go get the alcohol counseling and then go back to court. who have you been able to talk to? hmmm?
There may be dentists that frequent this forum... but most here don't like to pull teeth.. okay soldier?
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #9  
Old 01-29-2005, 04:37 AM
Member
 
Join Date: Jun 2003
Posts: 81
Quote:
Originally Posted by soldiersmith
They decided it was me because my name was on the ticket. They must have looked my name up in the computer and found my address. I don't
remember who the arresting officer was. I do have the police report and it has my name and someone signed my signature. The car listed is not mine.
I don't know what to do. I haven't had a chance to tell the judge it wasn't me. I have to go get the alcohol counseling and then go back to court.
1. IF you were arrested for failing to appear for an arraingment for a DUI - SOMEONE was arrested and a warrant was issued for FTA.
2. It is not a ticket - it is a criminal citation that was issued if it was for DUI; this in lieu of taking that person to jail - we do it all the time.
3. On the citation there should be the persons name, DOB, SSN, Phone #, Car license and RO's information among other things.
4. If a DUI citation was issued that also means the person was taken to a BAC machine at some police station and processed - a BAC ticket was produced.
5. On the WSP DUI packet there is a section where the name/DOB and address is listed and the person arrested signs veryfing that it is correct.
6. The officers name and number is on the citation, the BAC ticket and the police report.
There is an abundance of information to track down if it wasnt really you.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:57 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.