Legal Question in Traffic Law in California

On Oct 25 2009 a person with the same name as me and same D.O.B. as me was pulled over in Moraga, Ca. He was cited with Driving without a license, Driving without proof of insurance, driving and using earphones. This person never paid the fine, so that turned into failure to pay and failure to appear. In March 26th I was called in to my supervisors office to go over a drivers pullnotice they do every 6months, now I have all those violations on my record along with a suspended license and a bench warrant. I am a school bus driver with a class B license. I called the dmv and they told me to go to Walnut Creek Superior court (7hrs away) for more information. I did show up and pleaded not guilty cause it was not me. Bench warrant was lifted but not the suspended license. So I have been out of work for 3 weeks. And I got a trial date of the 27th of april. How can I show proof that it wasnt me if this citation was done on a sunday and I wasnt working that day. I looked up my bank statement and I didnt do any purchases on that day or the day before or after.

How can I clear my name and my driving record?

Thank you.

-J.G.


Asked on 4/11/10, 10:05 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I did some more research, and there is a special mistaken-identity law that might help you, Penal Code � 853.6(k). Go to your local police station and have them take your fingerprints. They will charge you maybe $5 and give you a fingerprint card. Then, write a letter (certified mail, return receipt requested, keeping a copy) to the court saying that this was a case of mistaken identity and you are requesting that the court investigate the matter pursuant to Penal Code � 853.6(k). Write "I declare this under penalty of perjury." The court is required to stop the case for 45 days and refer it back to the originating police agency for investigation (the villain could have put his thumbprint on the original citation). Best of luck.

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Answered on 4/16/10, 10:53 pm


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