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My fiance es just notified that he has a court summons for…

Hi. My fiance es...

Hi. My fiance es just notified that he has a court summons for failure to show identification during a traffic stop. The problem is that it wasn't him, it was his brother (who has done this tohim in the past. All of the information given to the policewas inciden incorrect with the exception of the driver's license number. The police never compared the information given to what's onthe license number they were given (and they do not look alike). Does my fiance have any legal recourse against the police for not doing their due diligence, like asking for the address onthe driver's license number his brother supplied them? Should he contact an attorney?

Lawyer's Assistant: What state is your fiancé in? It matters because laws vary by location.

We are in Texas. He wants to press charges against the state.

Lawyer's Assistant: What steps has your fiancé taken so far?

Nothing yet he just found out today because the summons went to his mother's house.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma'am

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Answered in 1 minute by:
4/27/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,700
Experience: Partner at Kent Law Group, LLC
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I'm not quite following... what information was given to the police and why do you believe the police did something wrong in issuing the summons? Also, whose name was the vehicle registered in?

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Customer reply replied 3 months ago
Steve, the brother, have the driver's license number of my fianceto the police. He does not know where we live so he, the brother, have their mother's address. I do not know 2hours car me was driving but the car he was in is not the make and model of either of our vehicles.

Okay, so the brother gave the driver's license number off the top of his head but wouldn't give an ID, correct? In general, the police don't have an obligation to investigate beyond that - HOWEVER, if a person, like your fiance, ends up in a situation like this they would go to court and inform the judge that it is a case of mistaken identity. And if it's a common occurrence wherein the brother uses his name, that might be something to inform the court of. The brother can be charged criminally for impersonating someone - but your fiance shouldn't have any liability since it wasn't him driving. Please let me know if I've answered your question or if there's anything you need me to clarify, explain or follow up on - and I'd be happy to do so! If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. Experts only get credit for the time and effort we spend on our answers if you rate positively - 3 or more stars; 5 stars is definitely appreciated! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Reminder: This site is for general information for educational purposes only and does not constitute legal advice.

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,700
Experience: Partner at Kent Law Group, LLC
Verified
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Customer reply replied 3 months ago
Thank you for your help. I'll let you know if we have any follow up questions.
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