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I got a DUI under someone else's name
Anonymous2 views3 answers
I already had a dui, then I got a second but wouldn't give my name. They ended up charging me under someone else's ID they found at the scene who looked somewhat like me. I was convicted, paid my court fees and did probation and it's over now. But if they person whose ID it really was were to fight it by re opening the case for identity theft, what are the chances that they will actually look for my such as running my prints.
Mr. Nicholas and Mr. Hobbs are thorough and spot on in what can happen to you in the situation you have described. I would stop making admissions like this on a public website or any other social media and hire an attorney.
The only way that person can open up their case again is to prove they were not the accused person. As such, if what you're saying is true, then I find there will be a high likelihood that the prints from the jail will be run. Since you've had a previous conviction they'll likely charge you with DWI 2nd if the statute of limitations has not expired - if you try to exercise your right to a trial, I anticipate they'll attempt to use the prior plea against you.
They could also charge you with perjury, fraud, and several other potential crimes.
You could also be sued in civil court by the person who had to hire an attorney to defend their name and clear their criminal history.
I would ask these questions to the lawyer that you hire to help you with the identity theft charges, which, from what you've said, will be coming, as you've allowed another person to be severely affected by your not properly identifying yourself, being charged under someone else's name, and allowing a conviction under their name and TDL number. What about the surcharges that need to be paid to DPS? What about the TDL suspension under another person's name and a conviction for DWI now on their record. I don't see how the person could not fight it, and reopen the case, since their TDL has been suspended, and they now have a DWI conviction on their record. And, yes, they will run your prints, if that what it takes to identify you, though I'm not sure how fingerprints come into it, unless there is a complaint filed for the identify theft and you have to provide them to try and defend the case, which won't help you at all, as you're not the person you allowed the judicial system to believe you are. Time to step up and take responsibility, before further damage occurs. Sit down with that lawyer soon. Best of Luck!
