Obtaining a Driver License by Fraud

**AAO** · 07-11-2007, 08:14 PM

Well...this is what i'm being accused now.
They ( Florida DMV ) say that back in 1999 i had a license under someone else name. They suspended my driver license just because of this. Now , i have e legal CDL license class A and i work as a truck driver so basically dhe didn't only suspend my license , but they left me without a job as well.
I have a hearing date by the end of this month and they say that i have to proof that the picture under someone else name it's not mine.
I never had a Driver License under someone else name and i never used such a license but they say i have to proof that the picture under this guy's name it's not mine. I dont really know how my picture ended up under someone else name but i'm having a big problem about it now...

So my questions are...
What should i do to get the charges dissmissed ?
If i can't get them dissmissed , what does Florida law says about fraud prosecution , i mean is there any time limit that they can prosecute you about this case (the fraud supposely happend 8 years ago ) or they can prosecute you any time ( no matter how much it passed ) ?

My driver license it's good. Means..i took it legaly ( did all the tests ) so i don't know why they're messing with my license anyway..?
If the fraud is true , why don't they prosecute me but my license ?

I would appreciate any help i can get from you guys.

Sincerly

p.s I hired a lawyer about this but i really don't belive he can do a good job about this problem i have

**aaron** · 07-12-2007, 06:26 AM

Why do they believe you obtained the license? The photograph looks just like you did, eight years ago.

**AAO** · 07-12-2007, 07:19 AM

They did'nt give me any explonation or any reason , they just found the picture match . But if they say that my picture it's on someone else name then it has to be , but i don't really know how it ended up there.
I had my license since 1998 and i had my CDL in 2000 so i really didn't need to have another license under another name. I never been arrested or convicted of any crime or violation ( except traffic violations such as speed or careless driving ) so i really don't have an habit of breaking the law..
Anyway , why they would suspend my license ? Let's presume that fraud it's true...why not build a criminal case against me but suspend my license for 1 year ? I would rather face criminal charges then have my driver license suspended becasue i work with this license.
Second...after how much time they can go after you ? I mean...we're talking about it 8 years ago. Isn't there supposed to be a time limit they can press charges ?

**blewis** · 07-12-2007, 09:02 AM

These are all questions for your attorney. If you don't think that your current attorney will do a good job, find another -- use these questions when you "interview" potential attorneys. If you can get satisfactory answers to those questions, hire them.

You might also want to question exactly HOW the DMV was made aware of all this. Don't tell me that some clerk was just casually scanning through 8 year old photos and noticed that one of them looked like you. The more I think about this, the more it sounds more like some "conspiracy theory" scenario. Keep careful notes. Have your attorney broker a book deal, with a possible movie to follow -- maybe Pitt or Denzel.... Sorry, I don't mean to make light of your situation, but it all seems pretty strange to me.

Good luck,
Barry

**AAO** · 07-12-2007, 10:49 AM

Actually i already asked these questions to my lawyer but he it's not sure what the law says about it so he was going to do some researches (!)
That's why i was hoping to find some answers here because i really don't trust my lawyer.
Find another one ? Good question but i already paid 1.000 dollars to him so ..

**aaron** · 07-12-2007, 10:57 AM

I suspect that the state may have acquired face recognition software, and are running their DMV photos through the system.

If the person in the photo looks like you did at the time - same appearance, height, weight, skin color and tone, hair color and style, eye color, etc. - I can understand why the DMV would assume that it's you. Nobody else can walk into a DMV office and have your picture taken to appear on their fraudulently obtained driver's license. The picture is of the applicant.

**AAO** · 07-12-2007, 11:17 AM

That is not the point aaron.
The point is...what can i do to get my DL back ?
What does the Florida law says ?

Now i found this...

817.568 (2) (b) Any person convicted of fraudulently using another person's personal identification and the value of the fraud perpetrated is $5.000 or more or if the person is fraudulently using the personal information of 10 or more individuals shall be senteced to a mandatory minimum sentence of 3 years imprisonment. The court may impose a greater sentence of incarceration.
Charges must be filed withing 3 years of the offense

The offense supposely happend 8 years ago (!!)