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ID Theft victim, now accused of DUI via a summons, very time sensitive.

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Looking4anout

Junior Member
What is the name of your state (only U.S. law)? Washington state
I posted a while back about my brother in law giving my name at an accident he was involved in. I still do not have my name off that accident report, nor have my local authorities done anything for me. But I did get cleared by the insurance companies.

New situations, last Friday I received a notice of late payment for a traffic violation form another county's district court. I called on it Monday and turns out the car was my BIL's girlfriends, so I sent a letter to the court asking for a hearing due to the ID theft.

Tonight I receive a summons for a mandatory appearance in court for a DUI the day that I am suppose to leave on a cruise. I have to assume it was my BIL again since it is in the county he works in. I have no information, being a Friday night and must wait until Monday to call the court to get information.
How the hell does he get a DUI and they not ID him properly though finger prints and such??
I am so scared of what this might mean for our first ever family vacation/cruise, and have no idea what to expect in court that day. Luckily the court time is early enough that I can still make my flight.
So I have 5 days until this court date, I need some guidance on what I need to do for the appearance, and to get my name cleared of this.
The summons says it is just a guilt/not-guilty plea proceeding. Is it really just a 2 minute affair? Will I be able to submit my case records on my ID theft to get me out of that, right then and there? Is there a public defender I can contact before hand? Do I need to hire a lawyer (which I can not afford)?
Will this affect my vacation in any way, like will they hold me, or anything?

Please give me the whole run down.
 


Looking4anout

Junior Member
Hired a lawyer. She got the patrolman to review the dash cam tape and positively ID my BIL. Still heading for the arraignment, but am told the charges will get dropped.

Also told that the multiple cases of fraudulent use of my name is not within the guidelines of ID theft. But told the Prosecutor is going to find adequate charges to make up for it. Anyone have any idea what else he could be charged with besides obstruction?
 

OHRoadwarrior

Senior Member
That depends on how bad everyone he lied to wants to bend him over with charges that are still within the statute of limitations. For example, he can be charged with each count where he lied to a law enforcement officer through the process separately.
 

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