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Unfortunately, I don't see that working. I would suggest that you have a couple problems with the argument....
You said, "I would have been arrested." Well, actually, whoever it was, whether your or not, should have been arrested. If the police officer had done a warrants check and found the warrant, he would have arrested the person he had stopped, whether it was a case of mistaken identity or not.
Further, the judge would surely follow up your theoretical question with an actual and direct question, "Was that you driving the car?" Unless you were willing to commit perjury, you would, of course, have to answer truthfully and state that you were the driver of the vehicle.
And, of course, the officer should be present to testify. If so, he will be asked to identify you and, I suspect, he will do just that, identify you as the driver of the vehicle that he stopped.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
Thanks for your quick response.
In response to paragraph one:You're right, in that case can I move to dismiss the case on grounds that the officer did not follow proper procedure? (providing that a warrant check is required)
(Or, to refute your suggested issue, I can offer the explanation to the Judge that the officer pulled over someone else and he ran through the system ok, however, when writing out the ticket, wrote out the wrong person's information. (I dont intend to use this last theory because its VERYfar fetched, but a Judge might rather go with that theory, than admit an officer didn't follow procedure.))
In response to paragraph two:The Judge will most definitely follow up with said question, to which I assume I have the right to plead the fifth? Or in a more effective (and brazen) way, respond that it is the prosecutions job to prove any guilt, not mine.
In response to paragraph three:Yes the officer will be present, but he can only testify as to what his notes say. I don't recall what he looks like, so we can assume he won't remember what I look like! So by him identifying me in court, by means of his report and not memory, my claim would still stand.
Sorry for the delay, I was experiencing some technical difficulties. Regardless....
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