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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Question A Relative Used My Identity When Pulled Over

    My question involves criminal law for the state of: Arkansas
    Hello! I am in a bit of a sticky situation. My sister in law who lives in my hometown in Arkansas has used my name when she got pulled over. The officer gave her a ticket written under my name and she signed it promising she would go to court. Well, she didnt go to court and now there is a bench warrant in my name for something she did! This is where it gets difficult. I contacted the local police station and there isn't much I can do unless she turns herself in, which she won't or I press charges in person. I live 900 miles away in NM and can't just go into the police station and clear up the situation. I told my sis in law if she turns herself in, then I won't press charges. It has been a week and she still hasn't turned herself in. I am not sure what to do because I can't fix the situation unless I am there physically and I can't just get up and leave willy nilly. I just don't know what to do from this point. Should I take unpaid time off work, travel 900 miles and spend around $600 to press criminal charges against her or just leave it alone? I guess I'm just screwed. Hopefully I won't need a background check for anything.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: A Relative Used My Identity When Pulled Over

    what I would do is defend the ticket with proof of where you were at the time the ticket was issued. I would let the police and or prosecutor worry about the identity of the person that was actually driving. You are not obligated to implicate your sister. You are only required to defend yourself and actually, naming another person you claim was driving is not proof of anything. A lot of people have tried a defense such as that.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: A Relative Used My Identity When Pulled Over

    Got a credit card statement saying you were shopping at X place in NM on X date and time?

    Even better:

    Paystub showing you were at work? If so, add a letter from your employer stating that yes, indeed, you clocked in at X day/time and out at X day/time......

    Medical appointment?

  4. #4
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: A Relative Used My Identity When Pulled Over

    I think this has gone past simply defending the original ticket. There are now criminal charges for failing to appear and an active arrest warrant has been issued. I suspect simply filing a declaration with the court in defense of the original traffic infraction isn’t going to work. The obvious defense will likely be ignored absent a personal appearance in court to address the FTA.

    I don’t know why the local police are requiring you to make a report “in person.” Considering you live in a different state, they should be able to take your report by phone. Even if they require a signed statement, that could be accomplished via fax or snail mail. My guess is that they are skeptical of your story.

    You can try contacting the prosecutor’s office and explaining the situation directly to the assigned prosecutor. If that fails, hire a lawyer to handle the issue. While that may involve an unwanted expense, it will likely be cheaper than trying to handle it on your own (it is unlikely that you could get this cleared up with one appearance – you could well have to make a few trips to Arkansas and travel costs and missed work would add up quickly). After you have cleared your name, you can then seek civil action against your sis-in-law to reimburse you for the legal expenses her criminal actions cost you.

  5. #5
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: A Relative Used My Identity When Pulled Over

    Quote Quoting izzyliz91
    View Post
    My question involves criminal law for the state of: Arkansas
    Hello! I am in a bit of a sticky situation. My sister in law who lives in my hometown in Arkansas has used my name when she got pulled over. The officer gave her a ticket written under my name and she signed it promising she would go to court. Well, she didnt go to court and now there is a bench warrant in my name for something she did! This is where it gets difficult. I contacted the local police station and there isn't much I can do unless she turns herself in, which she won't or I press charges in person. I live 900 miles away in NM and can't just go into the police station and clear up the situation. I told my sis in law if she turns herself in, then I won't press charges. It has been a week and she still hasn't turned herself in. I am not sure what to do because I can't fix the situation unless I am there physically and I can't just get up and leave willy nilly. I just don't know what to do from this point. Should I take unpaid time off work, travel 900 miles and spend around $600 to press criminal charges against her or just leave it alone? I guess I'm just screwed. Hopefully I won't need a background check for anything.
    You need to get a local attorney to represent you in court for the ticket, and the possible warrant. You should file a police report with the agency that gave her the ticket. Then after all is said and done, you need to sue her for all the money you're out.

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