Police Officer Preparation & Law Enforcement Resource - Archive

Do not know if this has ever been a discussion on this forum. But I'll take a stab at asking it anyway. Here is my situation I received a ticket and subpoena in the mail today. The subpoena is to appear in court for a car accident and the ticket offense is for "unlicensed". I am a licensed driver in New Jersey and the date and time of this 'so-called' accident occurred while I was at work (documentation can be provided). Ticket issued to me has no drivers license number, my address and my married name (have not changed my name yet with DMV) and the car information on the ticket is completely unfamaliar to me. I have no clue where the officer got this information, all I know is I have a court date to appear for an accident I was not involved in. My question is: 1) should I call the police department before the court date to let them know they have the wrong person 2) Do I need to get my own lawyer or 3) should I wait for the court date to appear and prove they have the wrong person. Advice is extremely needed for this licensed NJ driver on the edge of a nervous breakdown !!!!!!!!!!!!!!!!!

Sounds like someone got your info somehow and used it.

You can try calling the station or go to court with documentation of you being licensed and being at work. I'm guessing you have witnesses to testify to this. They should dismiss the charges with no problems. It sounds like you should have no problem proving that they have the wrong person.

Just bring all the documentation and witnesses you can to court on your behalf. Hopefully the other driver involved will realize you aren't the same person they saw at the scene but don't count on it. A lawyer wouldn't be a bad idea.

Have you contacted the credit bureaus and put a fraud alert on your credit? If someone is using some of your info they may have the rest of it too.

Have you contacted the credit bureaus and put a fraud alert on your credit? If someone is using some of your info they may have the rest of it too.

Good advice but, I've been down that road before. Many years back I had my registration card stolen from my card and the person who stole it used it to return merchandise in stores in North Jersey ( I live in Central NJ), I was getting letters in the mail from malls where I supposedly returned jeans to get a refund (it's crazy what people do). I even went through hell going through DMV to report the incident, (they couldn't do nothing for me) and I even had a police report when the card was stolen, nothing could be done. So my last resort was to go through the credit bureaus to ensure no one was trying to obtain a credit card with my info. There must be a better way to protect my identity.


Just bring all the documentation and witnesses you can to court on your behalf. Hopefully the other driver involved will realize you aren't the same person they saw at the scene but don't count on it. A lawyer wouldn't be a bad idea.

If I rely on a Lawyer the Courts provide would I just shooting myself in the foot? Or is it better to get my own ?:(

And Thank You! both Valor55 and Cinnamon so much for your input.

Nothing to worry about if you have written documentation to prove you were at work. I would attempt to get a copy of the accident report.....make a trip to the department...records window...give them the date and your name....and get a copy.


Though you will skate free of this incident.....you may still get hung-up on not changing you license. That has to be doen witin 30 days. Sounds liek somebody was in an accident and told the officer their name and address (giving your info).

IMHO, you should try to contact the officer that wrote the ticket. Politely explain the situation and agree to meet with him/her before the court date and bring ANY documents they want to clear this up.

This could save you a DAY in court and lawyer fees. If I was convinced that I in fact cited the wrong person, I would withdraw the charge in a heartbeat.

If I rely on a Lawyer the Courts provide would I just shooting myself in the foot? Or is it better to get my own ?:(


Typically courts will not appoint a person counsel for traffic cases. In Texas, you have to be facing six months in jail (or in other words, a Class B Misd.) before you can make use of a court appointed attorney.

So if what you got were traffic citations, you would in all probability have to pay for an attorney out of pocket if you wanted one.

Hutch

I'll bet it turns out to be a "friend" who knows your DOB and married name....and gave that information to the officer

I'll bet it turns out to be a "friend" who knows your DOB and married name....and gave that information to the officer
My money is on this.

Talk to you family and friends, I can almost guarantee one of them used your name. I would start with any friend that has a bad driving record and couldn't afford to get another ticket. Prime suspect.

A few things to consider.

1. Your identity has been stolen.
2. It is going to be used for other things besides traffice accidents.
3. You might want to get a fraud alert issued to all of the credit agencies

My state has something where the DMV can make it so that when you are run by name and DOB it will come up imposter, so that an officer looks more closely to confirm ID. It may behoove you to see if your state will do this. That is is addition to taking all documentation to court or to the officer to clear you up.
yeah, check your (so-called) friends.

If I rely on a Lawyer the Courts provide would I just shooting myself in the foot? Or is it better to get my own ?:(

My state will only offer court appointed attorneys if there is the possibility of jail. There is no possibility of jail in most traffic tickets, even involving accidents. Beyond that you have to prove you can't afford your own attorney.

If there is no possibility of jail you must get your own attorney, if you can't afford one the court will not appoint you one.

IMHO, you should try to contact the officer that wrote the ticket. Politely explain the situation and agree to meet with him/her before the court date and bring ANY documents they want to clear this up.

This could save you a DAY in court and lawyer fees. If I was convinced that I in fact cited the wrong person, I would withdraw the charge in a heartbeat.

I heard somewhere that in NJ, people in accidents can summon other parties to court for traffic violations, sort of like a citizen's traffic ticket.

Hopefully, someone from NJ can shed some light on this.

I would contact my local police dept and make a report on the identity theft. The investigating officer may then be able to intervene on your behalf with the issuing agency and they will also be able to investigate the vehicle information through NJ DMV. LIke others have said, this person most likely knows you and if the investigator finds the vehicle ownership it may point you in the right direction.