Got pulled over one night picking my cousin up from work and the officer informed me that I had a warrant for my arrest for a failure to appear but never was informed to go to court for anything. After getting out I found out from reading my records that someone went inside a Dollar Store and shoplifted they got my tag number and assumed it was me but reported that the person was 200Ibs which I am not and i reviewed the persons picture it looks nothing like me. I lost 2 jobs behind this ans this is really taken a toll on my life. Its very embarrassing. I seriously dont know who the person is and its affecting my life. Im still going to court for it to prove it was not me but after will I be able to sue ?
Not likely as your story is not credible. Starting with the "I don't know who it was" story - when if they have your car, you darn skippy know who it was if not you, or can find out easily. Unlike a criminal case, you have no 5th amendment privilege in a civil case and can be charged with perjury if you play dumb and it turns out it IS someone you know or can ID. Obvioiusly, the State Atorney is not so convinced if the case is still pending and the Shaggy defense is not carrying the day. If you are convicted or plea to the charges, you will likely eliminate any claim you might have, as you would at least need the charges dropped and preferably an acquital at trial.
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