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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Customer Question

I have been using my brothers ID. He went to court for a ticket I received, they showed him images of his ID with my picture. Now the AZ DOT sent me a letter from Enforcement and Compliance Division Office of Inspector General Drivers License Fraud Unit asking me to come in and bring my personal documents. An idea what they would want me for?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of these circumstances. From the facts you've described, it suggests that you are under criminal investigation and are being called in so that they can get some facts/admissions from you before going forward with charges.

Using someone else's ID is a crime.

You may find it informative to watch this 27-minute video on the Fifth Amendment and the importance of invoking one's right to remain silent: http://www.youtube.com/watch?v=i8z7NC5sgik

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

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Customer: replied 5 years ago.
They threaten to cancel my licence if I don't schedule to go and visit them. If I decide to visit them, would they need me to admit information to arrest/charge me, or could they arrest me on sight? And based on A.R.S. 28-3301 (statute listed in letter) if they determine fraud a cancelled license lasts for 6 months for 1st offence/ 1 year for subsequent offences, but what would I have to do to reinstate my licence?
Expert:  JB Umphrey replied 5 years ago.
The facts that you've described suggest that there's enough evidence for an on-the-spot arrest. However, most investigators like to try to obtain some admissions/confessions first because it makes for a more solid case to prosecute.

At the end of six months, you'd have to reapply for your license just like any other driver.