Legal Question in Traffic Law in Virginia

Re: Mistaken ID Motion in Court

I agree with Mr. Henderson. But to know how to disprove what is being alleged requires really studying what was alleged. Look at the date and time of the tickets. Can you prove that you were somewhere else at the time? (Consider your credit card charges, ATM withdrawals, etc. as well as co-workers, etc.)

Unfortunately, the police officer probably just copied the description (height, weight, hair color, eye color) from the driver's license, rather than observing the physical characteristics of the actual driver. But look at the description of the CAR. Is it her car or your car? You can bring your registration information to show that that is not your car.

However, be aware that if teh prosecutor becomes convinced that your sister used a false ID (yours instead of her own) for driving and to deal with the police, they could file criminal charges against your sister. You may need to consider what it is you really want to accomplish and weigh the costs. You might also have a discussion with your sister about paying for the tickets to avoid greater problems.

You can take a driver improvement course and add +5 points to your license, and then DRIVE VERY CAREFULLY. The fact that you have these 2 tickets on your license will hurt your driver's record. If you later get a serious charge like reckless driving or DWI, the prosecutor will throw the book at you because of these tickets on your license. So whatever you do, drive VERY very carefully.

Re: Mistaken ID Motion in Court

How about bringing your sister along to the hearing

to testify in your behalf, if needed, regarding her fraudulent actions?

However, if that's not possible, the presence at the hearing and testimony of the two officers who issued the tickets should be sufficient to absolve you of responsibilty for them(assuming that you and your sister are not identical twins).

You would be well advised to take the matter up with the prosecutor who's been assigned to your cases on the morning of the hearing and before it is called.