More details to this question:
It happened in the state of California on March 11, 2013 a relative of mine was pulled over and cited with a DUI. She presented my driver’s license. The officer apparently proceeded and wrote down my information on the ticket. She had told me she cleared my name from it on June 12, 2013 I received a bench warrant for not appearing to court. I live 6 hours away from where the infraction accrued. I want to know if I should travel all the way and present myself with my relative and explain what happened, or should I send a letter to the court explaining? I want to know what is the best thing to do. I will really appreciate your help. Thank you.
4 ANSWERS
Criminal Defense Attorney serving Irvine, CA
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Law Offices of Donald G. Sowers
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How are you going to explain that she had your ID? Maybe you gave it to her to use as a fake ID? You could both be in trouble. And both of you absolutely need to contact an attorney right away. If you go to court alone, the judge will need to verify who is who. You could be detained until after fingerprints are taken and compared to the records and they may even take a look at the booking photo from the night of the arrest. And later you'll will need to get paperwork from the court that she is not you (just in case there is ever another case or another warrant for her arrest).
Answered on Jul 03rd, 2013 at 9:43 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to go to court and you will need a lawyer. The problem will be that your name is on the complaint and you must go there and prove it was not you. This may involve several court appearances and this is not an infraction this is a misdemeanor with a minimum fine in the area of $2,000. And jail of up to 6 months plus the DMV has probably already suspended your driver's license. I don't know how your relative got your license, but she has not cleared anything. She has left you holding the bag.
Answered on Jul 03rd, 2013 at 1:35 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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A DUI charge is a misdemeanor not an infraction, if convicted you face up to six months in jail. You need to go to court and clear your name, assuming your relative was arrested and booked you need only show up, explain the situation and request the DA to provide you (and the court) with proof of identity, photo, fingerprints etc. Since you don't match you should be free to go.
Answered on Jul 03rd, 2013 at 9:39 AM
The best thing for you to do is get an attorney to deal with this.
Answered on Jul 03rd, 2013 at 2:50 AM