Husband's Brother Uses Husband's Driver's License for Speeding Ticket

[Krankenheim]

EDIT: I meant Husband's BROTHER uses Husband's DL for Speeding Ticket! I'm so sorry!

My question involves a driver's license issued by the State of: Texas.

My husband and his step brother both have the same first and last name. My husband's step-father adopted my him when his step-father married my husband's mother. They were even born in the same year and in Texas, so the first three numbers of their SSN are the same. The only difference is their month and day of birth and their middle names.

Because of this, my husband has been put in jail on two occasions in the past, the most recent being just last month because he is constantly mistaken for his brother. This last episode, my husband and I got pulled over at night because we had a tail light out. After the police officer went back to his car with my husband's ID he came back and asked him to step out of the car because he had a warrant for his arrest. My husband spent three days in jail this time waiting for fingerprinting to come back and prove he is not his brother.

Sadly, his brother is at it again. Not only has he taken out credit cards in my husbands name and SSN, he also got a speeding/no insurance ticket where he claimed not to have his drivers license on him and gave my husband's info.

The next day, his brother called us to tell us what he had done and asked for a copy of our insurance so he could get out of that portion of the ticket, he also said he would pay for the speeding ticket and no points would be on my husband's driving record.

I immediately called the municipal court in the area where this happened and spoke with someone about the situation. They asked me to send a color copy of my husbands drivers license and any proof I could provide as to my husband's whereabouts on the day of the offense.

The only proof we could come up with is the fact that we don't even live in Texas anymore, we've recently moved and my husband has neglected to get a Colorado license so far because we just don't have the money to re-register our cars in Colorado, pay tax, tag, emissions testing, ect. My husband was not working on the day of the actual offense but he was working the day before and the day after and we could get his time card punches from where he works at Wal-mart. The person I spoke with at the municipal court said this should be good enough for the judge.

Well, a week passes, and another week passes ... my husband is reluctant to send anything in to the court because he doesn't want his brother to go to jail. (whatever )

Yesterday the woman I spoke with at the court said that if I do not send these things in that this will go on my husband's driving record, will effect my car insurance because it is in both of our names, and he will have to pay a $410/year surcharge for not having insurance for the next three years. He will also lose his drivers license for 30 days. All of this I know to be true and after speaking to my husband about it he decided it was time to turn in the paperwork needed to prove it was not him driving.

My question is this: What will happen to his brother now? What is the penalty for acting as someone else when you get pulled over? Will he go to jail? (I hope so.) Or, will they just re-write the ticket in his brother's name? I want the max to happen to this idiot and I'm willing to drive to Texas if I have to, to make this happen. The guy is just a no good crack-head, who sells crack, with a great kid that should be raised by decent people. Not this asshole. By the way, he is also a licensed auctioneer (brother not my husband.) Will he lose his auctioneer license for this? Who can I contact to let them know what he's done? Isn't using someone else's info a form of identity theft? Is what he did a felony? Is there any way that when the police come to arrest him they can search his house ... they absolutely will find a lot of drugs, guns, and money.

Please help me here or point me in the right direction to find out where and with whom I need to speak to. I've tried researching this on my own through the internet but I really can't find anything.

Thanks a million.

[Mr. Knowitall]

Your husband isn't helping himself by blowing things off. If his brother is stealing his ID for traffic, criminal or financial purposes, he needs to be making police reports of those crimes when they happen, and not sit around hoping that warrants his brother incurs in his name go away by themselves.

If his brother ends up being charged with the crimes he's committing, such is life.

I can't tell you what charges or penalties the brother will face - ask the prosecutor. But I can tell you that if your husband doesn't act, it's your husband who will continue to suffer for what his brother does.