Legal Question in Traffic Law in Texas
I posted this under traffic law as it is closest I could find.
My grand daughter recieved a notice from the Texas Dept of Public Safety that she would not be allowed to renew her drivers license because of unpaid tickets in Houston ( a few hundred miles from Dallas, where we live ) issued on 11/05.2008.
1. unlicensed dog $135
2. failure to vacinate animal $135
This plus fees amount to over $300 dollars.
A. She has not even visited Houston since 2004, and had no dog.
B. On the date of issue, she was at work here in Dallas ( verified by
employer)
C. This is the first notification of any kind she has recieved of these tickets and thus may have failure to appear warrents issued ???
D. Approx a year and a half before the tickets were issued, her wallet, with drivers license, credit cards, car keys etc were stolen in a local coffee shop here in Dallas. The woman was caught on video tape, but no resolution was ever reached. Guess the police were busy writing dog tickets.
If we hire an attorney and fight this, attorney fees and transportation to and from Houston would undoubtly exceed the amount of the fines.
It is my understanding that in Texas, all that is necessary is to give the officer your name and license number for verification of ID. ( every grocery store clerk where you have every paid by check has this information ). Don't say no, because I have seen this happen.
Any Suggestions would be appreciated.
This type of situation, and worse, happens every day in Dallas, and I'm sure Houston also. There should be a venue to hold the agencies responsible for their incompetence. Unfortunately I, like most commonfolk taxpayers, have neither the resources nor knowledge to accomplish this.
Thank you for your consideration.
1 Answer from Attorneys
Before expending the monies on attorney fees, start by collecting the police reports on the wallet theft to confirm the event. Then write to the prosecutor and the clerk of the court, and the agency that issued the tickets, explaining that the tickets issued in Houston are an impossibility, since she was not in Houston, and enclose proof of her presence at her job, and proof of the wallet theft. Explain the identity theft involved. They may be willing to pull the warrants and tickets, and investigate before proceeding further.
If that doesn't work, you will probably have to hire a lawyer in Houston to resolve the problem.
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