Q: My brother used my name in a traffic stop because he had no license. now i have a $100 citation. how do i fix this?!
Unbeknownst to me, my brother was driving without a license and used my name instead of his own because he has warrants. I wasnt there and never agreed he could do that nor do i support it now. He never told me or payed for the citation and it was defaulted on. i got a letter saying my license is going to get suspended and that i cant request a hearing. he admitted to it but thats just hear say right? also if i cant have a hearing how do i go about removing this from my record?
A:
Well, there is a possible path to undo it but it will take time, determination and some frustration to unravel.
One aspect will be whether you want to point the finger at your brother to undo it, and proving that it was him. IF you locate the date and time of citation, you may be able to show you were someplace else geographically or at work etc. Also, if the citation is for 'not having license in possession' it is easier to show the police did not ID the person properly. Was it your car or his car being driven. Logically, if it is your car he was driving and he said he was you the police accepted that. You will need to get a copy of the citation as as start point to see if you have an alibi. Once you get basic information you can start to unravel it. You will need to speak to the police officer, as well as the Court that issued the default. ALso, the RMV. You will also want to see the address the notice was sent to- was it your address or his? It wont be easy to do but you now face insurance SDIP points over the unpaid ticket, and have to attend the warant. Best if you take care of that ASAP so you dont have an evening or weekend ruined if you get stopped, they can detain you.
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