ID Theft Wrongfully Implicates ME!

[Hypnotist]

What is the name of your state?What is the name of your state?What is the name of your state? California... But I live in New Mexico.

I had a rude awaking when attempting to renew my Driver License in NM. It seems my license has been deemed "Not Eligible" in CA because of a couple of moving violations that occurred on Jan. 4, 2000 in Long beach. Until resolved, this has negated my ability to renew in NM. Problem is... I wasn't in CA then, nor have I been since a vacation in '97... and have never had any traffic problems in CA. It seems someone (and I have a good idea who it was), got pulled over in Long Beach... had no driver license (probably suspended), and knowing that I'm an excellent driver whose license is in good standing, chose to give my name and B-day as ID. The officer apparently went no further than that in establishing TRUE Identity. That way when the cop ran MY ID it would show as clean, thus avoiding a complicated situation. Bottom line... 2 moving violations were issued. Unfortunately, the ID thief failed to pay, failed to appear and a warrant was issued in my name. The tickets and warrant have never been resolved. Good thing I haven't been driving around in CA for years.

So I called the CA MVD and they gave me the number to call LA municipal traffic court in Long Beach. They could tell me nothing... their computers were down. Before I go too deep into discussions with CA authorities, how should I handle this? I have no idea what is required for an officer to establish TRUE identity. I have no idea what, if any, other information beyond the license plate and false name was obtained by the officer. Maybe he noted a physical description of the violator... I am much taller and have blue versus brown eyes. Would a S.S.# be requested? What arguements do I have to dispute this ID fraud so that I can renew my NM DL before 11/15/05? How can I be assured it won't turn up somewhere else down the line. I just bought a new 6 month auto ins. policy and represented to them that my driving record is clean. Any ideas?... any help is greatly appreciated!

Thanks in advance...

[seniorjudge]

Are you saying that someone gave a cop verbal info and the cop wrote the ticket based on the verbal info only?

[Hypnotist]

That is EXACTLY what I am saying.

Based on this incident and the way CA law enforcement authorities handled it, ANYONE can represent that they're ANYONE... walk away... be untraceable... and not be held accountable for the offense. That lack of diligence by the officer then creates an unjust liability for the ID fraud victim... like me! What's up with that?

BTW... I'm not averse to laying a healthy measure of justice at the County's doorstep for this. This could create serious problems for me based on their position and willingness to "make it right".

[EvilWizard]

This sounds kind of fishy to me. Someone is misinformed or not telling the whole story...

By law, you are required to present to the officer your (1) Driver’s License – CVC 12951(a), (2) Your Vehicle Registration Card – CVC 4462(a), and (3) Your Proof of Insurance – CVC 16028(a). You could be either warned for the offense(s) you committed, or issued a citation. If you are issued a citation, the Officer will explain what you are being cited for and then ask you to sign the citation. The citation will have the date and time of the violation, your name, the offense(s) you are being cited for, the location of the offense(s), the Officer’s name, and applicable court dates and information. Signing the citation ISN’T AN ADMISSION OF GUILT, IT IS MERELY A PROMISE TO APPEAR IN COURT. If you refuse to sign the citation, you can be arrested under California Vehicle Section 40302(b) and your vehicle could be towed at your expense.

[Hypnotist]

Originally Posted by EvilWizard

This sounds kind of fishy to me. Someone is misinformed or not telling the whole story...

TELL THAT TO THE STATE OF CALIFORNIA...

Originally Posted by EvilWizard

By law, you are required to present to the officer your (1) Driver’s License – CVC 12951(a), (2) Your Vehicle Registration Card – CVC 4462(a), and (3) Your Proof of Insurance – CVC 16028(a). You could be either warned for the offense(s) you committed, or issued a citation. If you are issued a citation, the Officer will explain what you are being cited for and then ask you to sign the citation. The citation will have the date and time of the violation, your name, the offense(s) you are being cited for, the location of the offense(s), the Officer’s name, and applicable court dates and information. Signing the citation ISN’T AN ADMISSION OF GUILT, IT IS MERELY A PROMISE TO APPEAR IN COURT. If you refuse to sign the citation, you can be arrested under California Vehicle Section 40302(b) and your vehicle could be towed at your expense.

ALL FINE AND GOOD... DID YOU READ THE OP? APPARENTLY, NO DOCUMENTS WERE PRESENTED TO THE OFFICER. NOW WHAT? A CITATION WAS PRESENTED, NOT PAID AND A WARRANT WAS ISSUED IN MY NAME. I WAS NOT THERE... IT WAS NOT ME. THE OFFICER FAILED TO GATHER DEFINITIVE IDENTIFICATION. I'M LOOKING FOR A SOLUTION... FOR LEGAL ARGUMENTS... NOT A VEILED IMPLICATION THAT "SOMEONE" IS MISREPRESENTING THE FACTS IN SOME FASHION.

THANKS...

Any real help now?

[seniorjudge]

Originally Posted by Hypnotist

...I wasn't in CA then, nor have I been since a vacation in '97... and have never had any traffic problems in CA. It seems someone (and I have a good idea who it was), got pulled over in Long Beach... had no driver license (probably suspended), and knowing that I'm an excellent driver whose license is in good standing, chose to give my name and B-day as ID. The officer apparently went no further than that in establishing TRUE Identity....

How did you find out that this mystery person presented no ID, etc.?

[racer72]

My brother did the same to me years ago. I had to appear in each court to prove my identity. Eventually all the charges and such were dropped.

[Hypnotist]

Originally Posted by seniorjudge

How did you find out that this mystery person presented no ID, etc.?

I only assume none was presented. Had they presented their ID, I would not have been implicated. And there's no way mine was used... my Driver License NEVER leaves my control.

Honestly, I think it was my brother. He's in California now and may have been there then. We don't communicate much anymore. Unfortunately, He suffers from Bipolar Disorder... and during a Manic state, anything's possible. It wouldn't surprise me if it were him. He's the most likely suspect. However, I must be very careful not to make serious accusations for obvious reasons, and because again, I was not there.

[sukharev]

Originally Posted by seniorjudge

How did you find out that this mystery person presented no ID, etc.?

The car had no plates, too - they were stolen a day ago, but here is what they used to look like

P.S. seriously, the story is a bit too iffy. One way to try and resolve it is to find the owner of the car which this imposter was driving - that should be relatively easy, one needs to have proper documents to register the car. If you do claim ID theft, you may be able to get help from police. This is serious crime, and investigation can quickly lead to the source if it was that simple. If the plates do turn out to be stolen, then you have at least the benefit of the doubt and may take that to court.

[Hypnotist]

I have the plate #. The vehicle was registered in California. Of course the officer wrote down the plate.

[xylene]

Why the aware readers indicate doubt in regards to your post is your intitial denial of the fact that you are covering for your brother.

You want to be free of these consequences of these ticket, but you don't want to report the ID theft.

Tracking down the info is going to be hard. It will take effort expense and very likely a trip to California.

This is why you are a victim of a crime.

The questions: "How much is protecting my brother worth?" and if the police department or officer are to be held to account for this procedural mistake.

Ask yourself- is it impossible that my bro has a bogus duplicate of my ID?

[Hypnotist]

Originally Posted by xylene

Why the aware readers indicate doubt in regards to your post is your intitial denial of the fact that you are covering for your brother.

You want to be free of these consequences of these ticket, but you don't want to report the ID theft.

Tracking down the info is going to be hard. It will take effort expense and very likely a trip to California.

This is why you are a victim of a crime.

The questions: "How much is protecting my brother worth?" and if the police department or officer are to be held to account for this procedural mistake.

Ask yourself- is it impossible that my bro has a bogus duplicate of my ID?

Thank you for your input... however limited. Show me where I initially denied anything. I was careful not to immediately implicate a relative... and in actuality, the solution to the problem cares not who it is. I have no proof that my brother was the individual that illegally used my identity. He's just the most likely culprit. Would you make accusations without solid evidence? Are you aware that there are laws against that? That's a very slippery slope. And it's doubtful anyone has a "duplicate" of my ID. I would have much more to clean up if that were the case.

It seems that the legal system will claim that the burden of proof rests with the victim... ME. My questions relate to official legal procedure in aquiring identity from a alleged traffic violator when no documentary evidence is presented to the law enforcement official at the time of the "infraction". I want to know if procedure was followed in accordance with the law. What is the policy or procedure that an officer is obligated to follow where no proof of identity is provided? I want to know how in California, one of strictest states in this nation for enforcing traffic laws, this kind of situation can occur. Can someone link me to the laws and procedures covering this type situation? I'm looking for assistance... not useless rhetoric and veiled personal attacks.

[xylene]

Originally Posted by Hypnotist

I only assume none was presented. Had they presented their ID, I would not have been implicated. And there's no way mine was used... my Driver License NEVER leaves my control.

Hence why I suggested a possible duplicate license.

If you fear you are the victim of ID theft concerning a NM state document, why are you not reporting that crime to your local police department?

Originally Posted by Hypnotist

Would you make accusations without solid evidence?

You HAVE solid evidence that you are a victim of ID theft- the situation you find yourself in! You don't have to have suspect to report a crime.

Originally Posted by Hypnotist

Unfortunately, the ID thief failed to pay, failed to appear and a warrant was issued in my name.

Theives always steal ID to appear in court so they can admit to a felony along with paying the fines.

[EvilWizard]

This kind of situation can occur easily if the person who was pulled over is using your identity with documents (either real or fake) identifying him as you.

I suggest you read the victim resources section of [url]http://www.idtheftcenter.org/index.shtml[/url]

I also suggest that if you know who the person is that is doing this you report him to the authorities immediately even if it is a family member. (Its obvious that the person isn't looking out for your best interests, so why look out for theirs?)

[Hypnotist]

Originally Posted by EvilWizard

This kind of situation can occur easily if the person who was pulled over is using your identity with documents (either real or fake) identifying him as you.

I suggest you read the victim resources section of [url]http://www.idtheftcenter.org/index.shtml[/url]

I also suggest that if you know who the person is that is doing this you report him to the authorities immediately even if it is a family member. (Its obvious that the person isn't looking out for your best interests, so why look out for theirs?)

Thanks EvilWizard... that link is the first REAL help I've received. And there really was a real person at the other end of the phone line to take my call... WOW!

The Run-Around continues.....