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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110369
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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This happened to my boyfriend yesterday We live in Houston

Customer Question

This happened to my boyfriend yesterday: We live in Houston but he was driving in a nearby town when he got pulled over then arrested for an outstanding warrant. He did not have any warrants and had no idea what was going on but eventually he found out there had been a traffic violation on his license. The ticket had a signature that looked nothing like his. When he saw what car it was he realized it must have been a friend who had taken his license to use at a bar because his own had been revoked due to a DUI about a year ago. The friend had never gave it back because he said he lost it. He did not tell him he had used it for a ticket. My boyfriend did not file a police report for a lost/stolen ID because he was not aware he could do that and merely got a new copy of it. He told the judge about this but she claimed the signature and his looked the same. He put in a plea of not guilty and has a court date in a month. Is there any way he can prove his friend illegally used his license?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
Sure, you first should get an attorney and then have the ticket examined by an handwriting expert who will be able to distinguish between your boyfriend's signature and the friend's. This will be the only evidence the court will accept short of the friend appearing in court to testify under oath that he fraudulently used your boyfriend's license and it was him that received the tickets in question.

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Customer: replied 7 years ago.
What if my boyfriend admitted he had let his friend borrow the license, but had no knowledge of the ticket and believed the friend lost the license?
Expert:  Law Educator, Esq. replied 7 years ago.
That is not going to cut it with the judge who has already said she thought the signature was your boyfriend's. He will need to present actual evidence, not just his statement, to prove the tickets were not issued to him.

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