Ontario, CA asked in Gov & Administrative Law for California

Q: I could not renew my drivers license. They said I had a failure to appear and failure to pay in Santa Barbara

I have been in southern California. When I was with my ex, he would drive all around. It's been 4 years since I've even seen this man because he has created so many problems for me. Identity theft, pretending to be me, using my info, switching my address on the internet to his address, etc. It was so badly I had to file a police report for identity theft. Nothing has been done. What I'm getting to is, I don't recall ever being in Santa Barbara. So I'm not sure what's going on or where this is coming from. DMV gave me info with violation codes 16028 & 405/95 violation date 01-08-2020. How can I find out if I really violated whatever to even receive a court date to fall to appear?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Based on the information you provided, it seems there might be a misunderstanding or an issue related to your ex's actions. To clarify the situation and determine if you actually violated any laws, you should take the following steps:

1. Contact the Santa Barbara Superior Court: Reach out to the court using the violation date and codes provided by the DMV. Explain your situation and ask for more information about the alleged violations and any scheduled court dates.

2. Request a copy of the citation: Ask the court to provide you with a copy of the original citation or ticket. This document should have details about the alleged violations and the circumstances surrounding them.

3. Review your records: Check your personal records, including credit card statements or receipts, to determine if you were indeed in Santa Barbara on the date of the alleged violation.

4. Consult with a traffic attorney: Consider seeking legal advice from a traffic attorney who can help you navigate the legal system, gather evidence, and potentially clear your name if you were not responsible for the violations.

5. Follow up with the DMV: Once you have gathered more information from the court, inform the DMV about your findings. If the violations were not caused by you, provide them with evidence and work with them to resolve the issue and renew your driver's license.

If your ex has been engaging in identity theft and other fraudulent activities, you might need to take additional legal action to protect yourself and clear your name. Keep all documentation related to the identity theft police report you filed, as this may be useful in proving your innocence in the traffic violation case.

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