Legal Question in Traffic Law in Pennsylvania

What else can i do to fight traffic tickets do to identity theft?

I went into (FL) motor vehicle a little over a month ago to get a address change on my DL. They said my DL was suspended in another state (DE) do to traffic violations so they took my DL. I used to live there (DE) but this incedent happend while living here (FL).I lived in NH before that and had a DL there. The suspension is in DE but it orignated from Phila, PA. I can't get a hardship DL from FL cause my DL is technicaly not suspended in FL. I did Found out it was my brother who used my name so he would not get aressted and get out of the ticket. Called Phila traffic court where the incedent happened and can never talk to a live person. Mailed in plea of not guilty and to have a trial in my absence. I haven't heared from them since. I need to get back and forth to work. I drive every day without a DL until this matter is resolved.I have a wife,house,and a 5 month old boy who depended on me to put in a honest days work and to come home everday. What more can I do to put an end to this hell my brother is putting me through? Other than Killing Him thus ruining my life even more, how can I get even with him? Would you agree that I should NOT have to pay someone to resolve this!


Asked on 3/21/06, 2:28 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: What else can i do to fight traffic tickets do to identity theft?

Unfortunately you're screwed. It is up to you to prove the facts and by proving the facts you will put your brother at risk.

You can do this but not long distance. You will need to know the exact dates of the offenses which resulted in the suspension. Then you will need to prove that you were actually in another location when the offenses occurred. this would mean demonstrating your residence, your employment and your attendance at any event. A great way is to show work records (time clock, or security logs) that show you were at work when the offense(s) occurred.

It will help if you can offer evidence that your brother has impersonated you. Call the applicable police department (where the license is held) and report the problem. If your brother got a copy of your license using his face on the license, then that would go a long way to proving your claim. You'll have a hard time getting an officer not to charge him with the crime though.

You can do this, but it will take some time, effort and money on your part. If you and your brother are on speaking terms you might explain to him that if he doesn't pay an attorney to fix this for you and assist the attorney that you will have him prosecuted for identity theft in addition to the frauds he has committed on the courts already.

Depending on his record he should expect at least a minimal vacation (six months to a year) and if he doesn't cooperate he could easily do a few years.

His call, your call. It's time to get tough.

Regards,

Roger Traversa

[email protected]

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Answered on 3/21/06, 3:04 pm


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