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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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The DPS officer wrote my Texas DL# XXXXX on the citation incorrectly,

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The DPS officer wrote my Texas DL# XXXXX on the citation incorrectly, and evidently didn't check his information with my picture ID. The name on the citation is incorrect, but the plate number is, linking my truck to the citation. Is this an easy dismissal, and how do I do it?
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

If I understand you correctly, the citation has your truck plate, but lists the wrong name and wrong DL number.

If I were you, I would check the court to be sure that there is no case listed in your name. If not, then I would likely do nothing. Assuming no defendant appears, then the person listed on the citation will have a guilty verdict. That is unfortunate for him, but that is the fault of the police officer, not you. If the problem is corrected after the fact, then it's possible that a citation could be issued in your name and mailed to you, but I'd be surprised since by then I'd say that the citation would likely be easy to beat because the police officer would be going entirely off of memory as to whether you were the driver of the truck, and it would likely be many months if not longer.

Another possibility is to appear in court, argue that you own the truck but that you are not the person listed on the citation. If asked whether you were the actual driver, you could refuse to answer and take the 5th Amendment. But I think that tact is more dangerous because the police officer could testify that he recognizes you and that he is certain that you were the driver.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!

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Customer: replied 3 years ago.

I did as you suggested and contacted the court. They confirmed that they had no outstanding citation in my name. To double check, I even gave them my Texas DL# and date of birth, and no records were found.


My only concern is the the DPS officer claimed to have me on video. I never stepped out of my vehicle. Surely the court will realize the error at some time. Can they come after me later and impose any additional charges?


 


Just asking, thanks.

Hello again.

I don't see how you could be penalized any further for not stepping forward. It is not your job to correct the police officer's mistake. Moreover, many people fail to show up in court and get guilty verdicts for traffic tickets. It happens all the time. For all they know, you tried to pay the ticket in advance, but lost it, and when you asked about it at court, you discovered that there is no open case in your name.

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