suspension due to wrong speeding ticket

[dhamaka]

What is the name of your state? VA

my lic has been suspended to due a speeding ticket issued to another person bearing the same name. but he has a differenet address, lic# and ssn than mine. dmv says i need to prove it to the court and correct the record. how can i prove it to the court? how can i resolve it?

thanks

 

[seniorjudge]

What is the name of your state? VA

my lic has been suspended to due a speeding ticket issued to another person bearing the same name. but he has a differenet address, lic# and ssn than mine. dmv says i need to prove it to the court and correct the record. how can i prove it to the court? how can i resolve it?

thanks

This, unfortunately, can happen sometimes. You need to first pay a visit to DMV and see if you can get this straightened out. If you cannot get it straightened out, then ask the judge when you go to court to tell you why your license is NOT suspended. He may ask you if you want a trial and if that's the only way he will listen to you, then you have to have a trial.

However, ask the court clerk who to talk to about this BEFORE court; maybe she will steer you to a prosecutor who has a little sense and will talk to you.

 

[dhamaka]

State: VA
********
my lic has been suspended to due a speeding ticket issued to another person bearing the same name. but he has a differenet address, lic# and ssn than mine. dmv says i need to prove it to the court and correct the record.

the court clerk says i may get a chance for 'motion to rehear' and dispute the ticket. how can i prove it to the court? how can i resolve it? can i get a lawyer from the court to defend myself in this situation?

thx

 

[seniorjudge]

State: VA
********
my lic has been suspended to due a speeding ticket issued to another person bearing the same name. but he has a differenet address, lic# and ssn than mine. dmv says i need to prove it to the court and correct the record.

the court clerk says i may get a chance for 'motion to rehear' and dispute the ticket. how can i prove it to the court? how can i resolve it? can i get a lawyer from the court to defend myself in this situation?

thx

Q: how can i prove it to the court? how can i resolve it?

A: Show the court your driver's license, birth certificate, and social security card.


Q: can i get a lawyer from the court to defend myself in this situation?

A: Yes.

 

[dhamaka]

thx a lot for your answers.

1. now is there anything special/legal i need to write in the papers i have rcd for the motion to rehear? what are my chances that my (such) request will be approved?

2. what if that person's dob is the same? however his address, lic# and ssn are different than mine.

3. what do i have do so that i can get a lawyer to defend myself?

thx again for all your answs.

 

[seniorjudge]

1. now is there anything special/legal i need to write in the papers i have rcd for the motion to rehear? what are my chances that my (such) request will be approved?

A: Put in there what you have put in your posts here.


2. what if that person's dob is the same? however his address, lic# and ssn are different than mine.

A: It is not unusual for a person to have the same birthday (day, month, and year). The license #, SSN, and birth certificate will show the differentiation.


3. what do i have do so that i can get a lawyer to defend myself?

A: Go hire one.

 

[dhamaka]

thanks again.

(a) reg getting a lawyer, what i wanted to know was, without hiring a lawyer on my own, can i get one from the court? i have never been to the court before but i have heard that defense lawyers are provided by the court.

(b) the other thing is do you think before going to the court, i should try to find out and get in touch with the officer who issued the ticket? i was told that sometimes they can tell that i am not the same guy who was issued the ticket. in my case, the actual ticket recipient is a resident of and has a lic from another state altogether.

thx

 

[seniorjudge]

(a) reg getting a lawyer, what i wanted to know was, without hiring a lawyer on my own, can i get one from the court? i have never been to the court before but i have heard that defense lawyers are provided by the court.

A: Public defenders are usually not provided in cases like yours.


(b) the other thing is do you think before going to the court, i should try to find out and get in touch with the officer who issued the ticket? i was told that sometimes they can tell that i am not the same guy who was issued the ticket. in my case, the actual ticket recipient is a resident of and has a lic from another state altogether.

A: You could try this but I am not sure what good it would do. Once the ticket is filed, you have to deal with it through the court.

 

[dhamaka]

thx.... now (probably) the last question for now reg the subject.

i was told that i do not have to have a defender lawyer. however to have one is strongly recommended. what do you say? if all i have to do is to show my identity papers to the court, why do i pay a lawyer? what are the benefits of hiring one in this particular situation?

thx

 

[seniorjudge]

thx.... now (probably) the last question for now reg the subject.

i was told that i do not have to have a defender lawyer. however to have one is strongly recommended. what do you say? if all i have to do is to show my identity papers to the court, why do i pay a lawyer? what are the benefits of hiring one in this particular situation?

thx

You should have a lawyer.

It is your choice whether to get one or not.