brother got dui in my name now I am charged

[notme2]

Last year on valentines day my brother, in another county, was charged with a DUI in my name. With out knowledge of this I was arrested for driving on a suspended licsence. I have gone to court in the other county for the DUI and it was dismissed by the judge. Now my licsence is revoked until April because of this and the states attorney does not want to waive jail time on the driving on a suspended with a DUI. I have gone to court with my dismissal paper but they refused to look at it. They said they have not received anything in their computer about the dismissal. I have contacted all of my states offices and the drivers licsence beaurue in both counties that are involved they both have led me in circles. I go to court on January 25 and need to know what I can do to get all of this cleared up and off of my record. They have all the info on my brother to move the case to him including his fingerprints from his arrest and his mug shot and signiture. What are my options?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You may not like it, but judging from what I see on a daily basis:

You hire a criminal defense attorney to walk you through this dimissal and then you turn around and sue the city, state, specific police officers for: violation of civil rights, malicious prosecution, abuse of process.

Trust me when I tell you: from what I see, many of these cases, if argued strongly with solid facts, will win.

 

[Not Guilty]

Put on hearing to determine your allegible prior convictions. Contest alleged prior conviction and have government's fingerprint expert testify. After fingerprint comparison is done in open court the judge should determine that you do not have a prior conviction but your brother does. Once it is established that you do not have a prior conviction you should receive the mininum offer (No jail time). If you can not contest prior convictions through a court hearing, subpoena your brother's fingerprints, have an expert do a comparison with yours. Show the results to the prosecutor, if you do not have a prior conviction the prosecutor should give you the no jail time plea bargain. TAKE NOTE RELY ON THIS INFORMATION ONLY AFTER CONSULTATION WITH A LOCAL ATTORNEY.

 

[racer72]

I am also attending a hearing on the 25th for a similar problem. My brother was cited for illegal drug acivity (?) and gave the police my name because he had warrants. Because of the large number of people being cited at this location (approx. 20 to 25), they did not call in to verify physical descriptions (I am 6', 240, my brother 5-7, 150). My brother then went to court and signed my name to a promissory to pay a $250 fine. I knew nothing of this till 2 weeks ago when a collection agency came after me for the money. I did 2 things immediatly. I went to the court and asked for an I.D. hearing. The officer that wrote the citation will be required to attend and prove positive I.D. Next I went to the city attorneys office to see about having the police record destroyed. By comparing my record to my brothers (he has 33 listed arrests with 11 misdemeanor and 2 felony convictions). The DA I talked to added a Friend of the Accused Statement to the ID hearing paperwork and is requesting the judge immediatly clear my record, charge my brother with giving a police officer false information and making him pay me for the lost time from work to clear up this mess. Plus if I ever get my hands on him, he will be sorry. Good luck.

 

[notme2]

Went to court

Went to court today and got a continuence for an attorney. I
thank you for the advice on the DUI which now has my license revoked until April, however I am wondering if I can still sue the state when the judge ruled in my favor but the state has not cleared it up, my other concern is if I am going to be stuck with this driving on a suspended even though my license should not have been suspended. After talking to the hearing officer and everyone else who led me in circles pointing fingers at the other person her advice was to plead and take AA meetings why should I have to do this When IT WAS NOT ME and they know it. Any more advice or comments would be greatly appreciated. Do I have a case against the state for taking so long????

 

[george45]

same type of problem

i had my driving privileges suspendeden in florida..
i live in texas..
i found out about this when i applied for a cdl license in texas..i have been fighting this charge since 1995.dui happened in 1987 while i was in texas..
orlando police charged him with dui no drivers license unsafe vehicle..i sent them finger prints my photo my handwwriting signuture..but no help yet..now my texas license is expired..i can not afford 2 lawyers..they say i need one in texas and one in florida..what do i do??? please need help...