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03-20-12, 09:08 PM #1
Someone used my sons name and got a ticket
My son is active, stationed in California, and hasnt been home in several months. His permanent address is still our home address. Today in the mail, he got a notice to appear in court for a traffic violation received on 3/15 on a local street.
I contacted him to let him know, he investigated and found out one of his friends got pulled over for speeding and told the cop he didn't have his license on him, and proceeded to tell him his name was___________ my sons name. He got a ticket for failure to display state drivers license and speeding. Are you serious!? I flipped ****, called the kid and asked him what the hell ..... I know him very well, he's a general F-up in my opinion. Well he said he will take care of the fine, etc and my son, the Marine doesn't want to get him in trouble, and he doesn't think there will be a problem.
Aside from the fact that this kid is stupid enough to walk into a courthouse masquerading as someone else, is there any danger that my son could suffer reprecussions from this? I guess I'm curious about what would happen if a paid ticket shows up on his record for a date that he was supposed to be on base....? Or if the kid gets caught, could he say that my son was implicit in the matter, I.e. knowing and not taking care of appropriately?
Please don't be too hard on me, I'm just a worried Momma! Thanks for any advice you can give me. My son has only been in the fleet since December last year. If he knew I posted this here, he would be fuming mad at me! He is infantry with planned deployment later this year.
03-20-12, 09:35 PM #2
If I were you I would contact the Clerk of Court and explain the situation to them.
Being that your son can prove where he was there shouldn't be a problem...
Personally I feel like this is stolen idenity and this young man should be punished.
I would also get a letter from the court clearing your son of any wrong doing.
Try to PM these Marines they are in the legal field and ex law enforcement for maybe some more information.
03-20-12, 09:53 PM #3
There are a couple of problems. The ticket is in your son's name, not the other kid's name. So it will be in the court system that way, under your son's name, even if it is taken care of.
This idiot friend of your son needs to go to court, but you need to be there too, and you both need to speak to the clerk-magistrate of the court, or the first assistant, and get this straightened out. And it could have repercussions down the road if there is another ticket that your son does legitimately get himself. And there are dept of motor vehicle considerations, and insurance considerations, depending upon what exactly was charged on the ticket.
Most importantly, however, the official court papers (docket entries) need to reflect that this was not your son's case, his name was used by someone else, OR ask the clerk-magistrate to amend the name of the defendant to your son's "friend's" name, thereby taking your son's name off of the record completely.
You never know with charges, whether they are completely civil or perhaps some criminal charge in there, but either way, it is not a good idea to let this ride.
Call the clerk-magistrate himself or herself in the morning, and don't speak with anyone else. Explain what happened, and seek his or her advice, but maybe have this post handy when you are talking with him or her so you can make sure all bases are covered.
There are potential repercussions. And separate from this, suppose the "friend" uses your son's name if and when he is arrested for something??? This is a problem nowadays in many court systems. It is very tough to get these things off the criminal record once they happen. You have to go to each and every court where it happened. PM me anytime about this. But first thing in the morning, go in person to see the clerk-magistrate, call first and see if you can get in to see this person.
03-20-12, 09:56 PM #4
I don't want to spook you about this, it is not a murder case, I realize that----but the problem is that no matter what happens, the way things stand right now, this case is in your SON's name and no one else's. And no judge will want to hear, down the road, that it really wasn't him, it was a friend using his name.
Best thing is to have them amend this ticket and charge to the FRIEND'S name and take your son's name off it completely----that is the only way to handle it at this point. If that cannot be done, there are other steps, but this is the best way to do it. Do not wait until the court date.
03-20-12, 09:59 PM #5
Perfect advice, Chuck (Phantom Blooper)---I just happened upon this thread just now, no one PMd me yet-----you gave her exactly the right advice.
03-21-12, 07:00 AM #6
I know this isn't much solace, but the police and courts see these kinds of shenanigans all of the time. So they should have some procedure in place.
Often it's a relative doing the dirty deed. I handled one where an evil identical twin (literally) was using the name of her law abiding twin. Luckily the evil twin was arrested and we had her prints on file so clearing the good twin was fairly simple (except, as twins, their prints were so close we had to have three or four print techs do the comparisons to make certain). Getting the ticket amended into the evil twin's name was the easy part (it was a drunk driving, refusal to take a breath test). Getting the good twin's suspended driver's license unsuspended was the tough part, but we got it done.
03-21-12, 07:20 AM #7
03-21-12, 07:52 AM #8
Wow some friend. Good luck with all of this, and you defnitely want to get this taken out of your son's name. Don't leave this up the "friend" to take care of the fine, what if he doesn't? Then there is a warrant out for your son, or he gets his liscense suspended for not paying the fine. I totally agree, you need to get this ticket out of your son's name....the "friend" will probably face further charges as well, but that's not yor problem.
03-21-12, 12:05 PM #9
03-21-12, 01:01 PM #10
The only thing I wanted to add in addition is the aspect of your son not wanting to get this "friend" in trouble.
Your son needs to view this from a different perspective. This "friend" had no problem at all giving out your son's name, he could care less about getting HIM in trouble, your son's Marine career doesn't matter to this person.
What is more, because the ticket was issued in your son's name, the "friend" would not receive notice of the court appearance, not show up and your son would have a warrant out for his arrest.
And if you pay fine, the tickets go on your son's record, he gets the points, his insurance goes up, etc.
So as USMC1963 said, the only way to resolve this is for you to go with this kid into court, for him to be a REAL friend and fess up to his deed, get your son's name off the tickets, and for this kid to take responsibility for his actions.
Then...I think your son would do well to let this "friendship" go by the wayside.
03-21-12, 02:40 PM #11
And-----when I was in, which seems like just after the Civil War, if a Marine racked up a series of "frequent involvement of a discreditable nature with civil or military authorities", it would be grounds for discharge.
So if this is an isolated incident, that's one thing. But if your son's dear friend does this again and again, it could wind up having an effect on your son's military service.
IF the military got wind of it, several incidents, then the commanding officer COULD call your son in and ask him what the h... is going on.
Things like this can die a slow death or they can cause enormous problems later on. I know a guy whose brother has used his name so many times that the innocent guy now has a five page criminal history, maybe ONE of which is actually his. But it haunts him to this day, and he had to go around to each court, one by one, and straighten it out, and that is not only time consuming but very hard to do.
How do you straighten out five pages of nonsense.
But hopefully you went up and talked to the clerk-magistrate, preferably the head honcho and not any of his or her assistant clerks-magistrate.
Even when I was an Air Force JAG officer, the frequent involvement stuff was still grounds for discharge. There are so many people who want to get in the military, they have no hesitation about throwing someone out.
03-21-12, 05:01 PM #12
Identity theft ?
The list goes on ,and somewhere in there I heard "friend"
You already got solid advice from the proper people
Ensure you follow through
03-21-12, 05:53 PM #13
Not certain what State you are in but where I come from your son's frend has done your son a very big wrong that can cuase problems for him down the road. Do not allow it to go any further go to the Police and the Court, or even better to the City Attorney or County Attorney. Like the otherss have said DO NOT let this go.
03-21-12, 07:29 PM #14
IF i had to make a trip to get the best action i could out of this ....Aside from contacting the "Cleark of Courts" . I'd make sure i also found the Prossicuter's office
and give them a heads up....
Not all areas that may not be possible...but worth the extra effort
03-22-12, 03:20 AM #15
All good advice. Make sure the so called 'friend' does in fact do what he needs to do. I'd personally contact the court and find out the exact court date, so YOU can be there yourself.
Honestly, I'd take this OUT of your son's hands, unless he wants to come back and beat the crap out of the no longer 'friend'. That would be MY response.
I weep for what this country is becoming, and fear for my children and grandchildren's future if any more democrats gain national office. We lose more and more freedoms every single day to creeping nannystatism and those who vote for Democrats only want to increase that. Anyone voting for a 'dem' is someone who likely wants to take everything YOU have worked for and mortgage your kids future as well.
The Malignant Leprechaun
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