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Got a ticket, but I was out of the country?

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DRTDEVL

Member
What is the name of your state? This happened in Virginia.

Ok, here's the scoop:

I am in the Army, and I recently travelled home to Tennessee. While I was there, I attempted to renew my driver's license. While this is not neccessary (license does not expire while on Active Duty, but the exp. date still shows 2001), I am relocating to Germany at the end of the year, and I don't want to run into licensing problems with the German authorities. When my number was called, I was informed that they could not renew my license because there was a "flag" on my SSN, initiated by the VA DMV.

I was given a number to call in Richmond, and was informed I needed to call the New Kent County Courthouse, as they had initiated the action. I spoke to a lady in the Clerk of Courts office, and she told me the reason I was flagged was for an outstanding fine of over $400.00! I have never even been to this place (wouldn't even know where it is, if it weren't for Mapquest), yet they said they have a citation on file from October of 1997.

Upon review of the case, i was allegedly cited for reckless driving on I-64, as well as speeding 90 in a 65 on October 10, 1997, in a green Dodge sedan. This happens to fall directly in conflict with the fact that I was deployed to Pusan, Korea for Operation Foal Eagle (a training deployment) for the entire month of October 1997, as well as the fact that I owned a Black 1973 Chevy truck at the time.. In December of 1997, I allegedly appeared to fight the ticket, claiming "not mine," lost, and appealed. The appeal was set for January 1998, but I failed to appear (as the records say, even though I have never heard of this place).

The Clerk told me that if I could find proof that I was out of the country at the time (affidavit from another Soldier deployed with me), I could mail it to them, and she would present it to the Judge for consideration. It would be fully up to the Judge's discretion as to wether or not to even re-try the case.

The name on the ticket matches mine, and the license number listed is my SSN, but the address is different, as well as the suspect's description (4" shorter, 30 lbs heavier). My driver's license number is NOT my SSN... TN issues a license number that is 8 digits long.

My dilemma is I have several options for proceeding from here. I can either:

Pay the $400 + $35 to the VA DMV for a re-instatement fee
Submit the requested documentation to the courts, and appear if the hearing is granted (about $600 in travel expenses)
Submit the requested documentation to the courts, and hire an attorney to appear for me (at whatever the going rate is $$$$$$$)

This seems to be a lose-lose situation here. No matter what I do, wether deemed innocent or guilty, I will still lose at least 1 weeks pay over it. The ticket will not affect my driving record, points, insurance, etc, as it was almost 8 years ago.

What would be the best way to proceed from here? If only there was a way to do this without losing my shirt over it... Military pay still ain't all that great!
 


lwpat

Senior Member
Check with you commanding officer to see if you can get an appointment for legal assistance from the military.

You are the victim of identity theft so you need to file a police report and also fill out the ID theft affidavit. Include both of these with the paperwork sent to the court. You should be able with the proper documentation to file a motion with the judge and not have to appear in person.

You can also get a free copy of your credit report so you need to do that immediately to be sure that there are no other problems out there. Here is an article that may be of use.
http://www.solidgoldhomebusiness.com/identity-theft.html
 

DRTDEVL

Member
JAG will not deal with the case, as traffic violations are considered a civil matter.

This is not a true case of identity theft, as I have a common name. My credit shows nothing unusual, other than FCRA violations from some creditors, but that is an entirely different thing.

I had asked about having to appear, and apparently they will not try a traffic case in absentia. Automatic loss for the missing party.
 

ismellbacon

Junior Member
lwpat said:
Check with you commanding officer to see if you can get an appointment for legal assistance from the military.

You are the victim of identity theft so you need to file a police report and also fill out the ID theft affidavit. Include both of these with the paperwork sent to the court. You should be able with the proper documentation to file a motion with the judge and not have to appear in person.

You can also get a free copy of your credit report so you need to do that immediately to be sure that there are no other problems out there. Here is an article that may be of use.
http://www.solidgoldhomebusiness.com/identity-theft.html

Sounds to me like that. Or a family member or friend.
 

ismellbacon

Junior Member
DRTDEVL said:
JAG will not deal with the case, as traffic violations are considered a civil matter.

This is not a true case of identity theft, as I have a common name. My credit shows nothing unusual, other than FCRA violations from some creditors, but that is an entirely different thing.

I had asked about having to appear, and apparently they will not try a traffic case in absentia. Automatic loss for the missing party.

Get a copy of your military record showing your service dates and contact the district attorneys office.
 

DRTDEVL

Member
ismellbacon said:
Get a copy of your military record showing your service dates and contact the district attorneys office.

Hmm, I don't know... Would my LES showing a BASD of 08/12/1994 work for that? Can't get a DD 214 unless I get out. :p

I am still in, at least until 2014 when I can retire...

As for the "District Attorney" comment... Why would I do that? It is my understanding that he has nothing to do with traffic court there, just the Defendant, the Trooper, the Reporter, and the Judge. What motivation would the DA have to help me out with an 8 year old traffic charge? I am not a voter there, and this story would never make headlines to help him out. The only party involved with something to gain is the County of New Kent, VA. The only party with something ($$$) to lose is me.

This whole thing reeks of a conspiracy, i.e. have someone charged with a traffic ticket, don't notify him, and he'll just pay up when he can't renew his license... But I know it's not. Probably just human error somewhere along the way, but I can't help but think about who else they may have done this to for an easy $400.
 

ismellbacon

Junior Member
DRTDEVL said:
Hmm, I don't know... Would my LES showing a BASD of 08/12/1994 work for that? Can't get a DD 214 unless I get out. :p

I am still in, at least until 2014 when I can retire...

As for the "District Attorney" comment... Why would I do that? It is my understanding that he has nothing to do with traffic court there, just the Defendant, the Trooper, the Reporter, and the Judge. What motivation would the DA have to help me out with an 8 year old traffic charge? I am not a voter there, and this story would never make headlines to help him out. The only party involved with something to gain is the County of New Kent, VA. The only party with something ($$$) to lose is me.

This whole thing reeks of a conspiracy, i.e. have someone charged with a traffic ticket, don't notify him, and he'll just pay up when he can't renew his license... But I know it's not. Probably just human error somewhere along the way, but I can't help but think about who else they may have done this to for an easy $400.

The DA should have the ability to get the ticket dismissed or advise you how to. The courthouse might be able to tell you also. Might end up filing for it to be expunged with the DMV/MVA in the end.

Im sure any sort of record you can get thats official and shows you were in another area on those dates would work.
 

Curt581

Senior Member
DRTDEVL said:
As for the "District Attorney" comment... Why would I do that? It is my understanding that he has nothing to do with traffic court there, just the Defendant, the Trooper, the Reporter, and the Judge. What motivation would the DA have to help me out with an 8 year old traffic charge? I am not a voter there, and this story would never make headlines to help him out. The only party involved with something to gain is the County of New Kent, VA. The only party with something ($$$) to lose is me.

This whole thing reeks of a conspiracy, i.e. have someone charged with a traffic ticket, don't notify him, and he'll just pay up when he can't renew his license... But I know it's not. Probably just human error somewhere along the way, but I can't help but think about who else they may have done this to for an easy $400.
I agree with the other poster... this was committed by someone you know... or at least, knows you. They didn't have ID, and gave the cop your name and DOB.

Try this:

Contact the police agency that issued the citation. Ask to speak to a traffic court liaison officer. Most agencies use one or two guys whose sole job is to process tickets through the court system. That way, the issuing officer doesn't have to show up until the trial.

When you talk to him, explain the situation, and let him know you have documentation showing you were deployed at the time. Most cops are pro-military, so he'll be more inclined to listen to what you have to say. He may want you to fax him whatever you have, but I expect that you'll have to meet with him in person at some point. He may be able to get the ticket dismissed for you.
 

chat_junkie9

Junior Member
DRTDEVL said:
What is the name of your state? This happened in Virginia.

Ok, here's the scoop:

I am in the Army, and I recently travelled home to Tennessee. While I was there, I attempted to renew my driver's license. While this is not neccessary (license does not expire while on Active Duty, but the exp. date still shows 2001), I am relocating to Germany at the end of the year, and I don't want to run into licensing problems with the German authorities. When my number was called, I was informed that they could not renew my license because there was a "flag" on my SSN, initiated by the VA DMV.

I was given a number to call in Richmond, and was informed I needed to call the New Kent County Courthouse, as they had initiated the action. I spoke to a lady in the Clerk of Courts office, and she told me the reason I was flagged was for an outstanding fine of over $400.00! I have never even been to this place (wouldn't even know where it is, if it weren't for Mapquest), yet they said they have a citation on file from October of 1997.

Upon review of the case, i was allegedly cited for reckless driving on I-64, as well as speeding 90 in a 65 on October 10, 1997, in a green Dodge sedan. This happens to fall directly in conflict with the fact that I was deployed to Pusan, Korea for Operation Foal Eagle (a training deployment) for the entire month of October 1997, as well as the fact that I owned a Black 1973 Chevy truck at the time.. In December of 1997, I allegedly appeared to fight the ticket, claiming "not mine," lost, and appealed. The appeal was set for January 1998, but I failed to appear (as the records say, even though I have never heard of this place).

The Clerk told me that if I could find proof that I was out of the country at the time (affidavit from another Soldier deployed with me), I could mail it to them, and she would present it to the Judge for consideration. It would be fully up to the Judge's discretion as to wether or not to even re-try the case.

The name on the ticket matches mine, and the license number listed is my SSN, but the address is different, as well as the suspect's description (4" shorter, 30 lbs heavier). My driver's license number is NOT my SSN... TN issues a license number that is 8 digits long.

My dilemma is I have several options for proceeding from here. I can either:

Pay the $400 + $35 to the VA DMV for a re-instatement fee
Submit the requested documentation to the courts, and appear if the hearing is granted (about $600 in travel expenses)
Submit the requested documentation to the courts, and hire an attorney to appear for me (at whatever the going rate is $$$$$$$)

This seems to be a lose-lose situation here. No matter what I do, wether deemed innocent or guilty, I will still lose at least 1 weeks pay over it. The ticket will not affect my driving record, points, insurance, etc, as it was almost 8 years ago.

What would be the best way to proceed from here? If only there was a way to do this without losing my shirt over it... Military pay still ain't all that great!
from one vet(from 1962-1966)to another, you definitely have a problem.
THE FOLLOWING IS ONLY MY SUGGESTION...I AM NOT A LAWYER...
1.....the way it sounds to me is SOMEBODY stole your identity..(guessing)
2.....from the states to korea on training mission. you SHOULD have had traveling orders if i am not mistaken.
3.....IF you remember your co's name that went with you to korea ask him to vouch for you or the base commander...
4.....the va dmv SHOULD have realized that NO state uses a person's social security number for driver's license number...THEY GOOFED....they should have realized something was fishy....
5.....IIIFFF there is a military base in virginia, find out if a military lawyer will appear for you so you don't have to fork out the money to go there....(worth a try...civilian lawyers MIGHT not have your best interest at heart.)
6....IF the military lawyer agrees to represent you make darn sure you send EVERYTHING you can to him or her...
REMEMBER: THE 6 ITEMS LISTED ABOVE ARE ONLY MY OPINION/SUGGESTION...GOOD LUCK TO YOU...(if you don't mind let me know what happen. here be my email---->[email protected]
 
Last edited:

ismellbacon

Junior Member
chat_junkie9 said:
from one vet(from 1962-1966)to another, you definitely have a problem.
THE FOLLOWING IS ONLY MY SUGGESTION...I AM NOT A LAWYER...
1.....the way it sounds to me is SOMEBODY stole your identity..(guessing)
2.....from the states to korea on training mission. you SHOULD have had traveling orders if i am not mistaken.
3.....IF you remember your co's name that went with you to korea ask him to vouch for you or the base commander...
4.....the va dmv SHOULD have realized that NO state uses a person's social security number for driver's license number...THEY GOOFED....they should have realized something smelled fishy....
5.....IIIFFF there is a military base in virginia, find out if a military lawyer will appear for you so you don't have to fork out the money to go there....(worth a try...civilian lawyers MIGHT not have your best interest at heart.)
6....IF the military lawyer agrees to represent you make darn sure you send EVERYTHING you can to him or her...
REMEMBER: THE 6 ITEMS LISTED ABOVE ARE ONLY MY OPINION/SUGGESTION...GOOD LUCK TO YOU...(if you don't mind let me know what happen. here be my email---->[email protected]

.....the va dmv SHOULD have realized that NO state uses a person's social security number for driver's license number...THEY GOOFED....they should have realized something smelled fishy....

In a completely stupid move that only a state like Virginia can do, they use your social security number as your license number. Then again if the oval office shrub has his way, it wont matter anymore anyhow.
 

lwpat

Senior Member
I just love it when someone comes here for advice and then wants to argue.

I gave you the correct advice, all you have to do is follow it.
 

DRTDEVL

Member
Wow... A lot of advice posted today...

I'll just sift through one by one:


------------------------------------------------------------------------

"I agree with the other poster... this was committed by someone you know... or at least, knows you. They didn't have ID, and gave the cop your name and DOB.

Try this:

Contact the police agency that issued the citation. Ask to speak to a traffic court liaison officer. Most agencies use one or two guys whose sole job is to process tickets through the court system. That way, the issuing officer doesn't have to show up until the trial.

When you talk to him, explain the situation, and let him know you have documentation showing you were deployed at the time. Most cops are pro-military, so he'll be more inclined to listen to what you have to say. He may want you to fax him whatever you have, but I expect that you'll have to meet with him in person at some point. He may be able to get the ticket dismissed for you."

-------------------------------------------------------------------------

The record show a Driver's License was presented. The agency was the VA State Police, apparently the same Trooper who busted Allen Iverson with the pot, weapons, and reckless driving in 1996.

-------------------------------------------------------------------------

"from one vet(from 1962-1966)to another, you definitely have a problem.
THE FOLLOWING IS ONLY MY SUGGESTION...I AM NOT A LAWYER...
1.....the way it sounds to me is SOMEBODY stole your identity..(guessing)
2.....from the states to korea on training mission. you SHOULD have had traveling orders if i am not mistaken.
3.....IF you remember your co's name that went with you to korea ask him to vouch for you or the base commander...
4.....the va dmv SHOULD have realized that NO state uses a person's social security number for driver's license number...THEY GOOFED....they should have realized something was fishy....
5.....IIIFFF there is a military base in virginia, find out if a military lawyer will appear for you so you don't have to fork out the money to go there....(worth a try...civilian lawyers MIGHT not have your best interest at heart.)
6....IF the military lawyer agrees to represent you make darn sure you send EVERYTHING you can to him or her...
REMEMBER: THE 6 ITEMS LISTED ABOVE ARE ONLY MY OPINION/SUGGESTION...GOOD LUCK TO YOU...(if you don't mind let me know what happen. here be my email---->[email protected]"

--------------------------------------------------------------------------

1. While I have not completely ruled out ID theft, I would like to have more evidence before filing affidavits... I don't even have odd items on my credit reports from this, and that is the primary ID Theft target.

2. TDY orders were cut, but is was a mass order. It just listed the name as "SEE ATTACHED," yet the attachment sheet has disappeared along the way (common when dealing with 8 years of bureaucracy). I could pick apart the accounting code for payment for them, but it would be quite difficult to explain, much less prove that one line segment pertains to me.

3. The Detachment OIC for the mission has since passed away. I do, however, know of th whereabouts of an SSG who was on the mission with me, but he was a PV2 back then.

4. VA DMV uses a person's SSN as their driver's license number, so this would actually look quite normal to them.

5. JAG has already stated that they will not get involved in it PERIOD. It is a "Civil matter," and they are no longer allowed to pursue those (they're even getting out of the divorce business).

6. See (5).


--------------------------------------------------------------------------

"I just love it when someone comes here for advice and then wants to argue.

I gave you the correct advice, all you have to do is follow it."

--------------------------------------------------------------------------

And I have explained everything I have already done since discovering this in February... I am not arguing, but your suggestions are just a starting point. I have already jumped past that, and I am now on the part of clearing my name for the least amount of money.
 

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