My son was convicted of an owi last year. Today he went to apply in person for a passport as he is leaving on a missions trip in December. They told him that his birth certificate had the correct spelling of his last name but the state issued id for Wisconsin did not have his correct spelling. What we are wondering now is can the state of Wisconsin legally take the information from his license he has now and apply the information to one with the correct spelling? His owi conviction was not for drinking, it was driving while under the influence of a drug (pot). The stop was made illegally and we would ordinarily just do what was supposed to be done to get his license back but with this new information we just need an answer on the legality of the misspelling of his last name as it was clearly a dot mistake. His original license had the misspelling as well and we never caught it.
1 Answer from Attorneys
It may be too late to fight the driving under the influence of THC charge if he has already been convicted. As for the mispelling on the drivers license, you should just attempt to take the birth certificate to the DMV and see if they will correct it, together with any other information validating that spelling. Worst case, you can also attempt to do a name change to the current name on his license, but that is much bigger project. Speak to a lawyer right away if the DMV will not help you.
Do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 for clarifications, but short of that, I will not be taking any action on your case. See fifteen years of other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency http:// or at www.lawguru.com/answers/search/attorney/jknixon AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency.
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