Someone Else Using Your License? What You Can Do.

What if you receive notice that you had a failure to appear for a ticket that you never actually received?  It happens quite often that a person is a a victim of identity theft and that person using your identity racks up speeding tickets in your name.  So, what do you do?  How can you fight such a criminal charge in the Long Beach Court?

Under California law a person may contest a charge by claiming under penalty of perjury not to be the person to whom the notice to appear was issued when identification was made by thumbprint or fingerprint. The person must submit a thumbprint or fingerprint for comparison with the thumbprint or fingerprint on the notice. The judge hearing the case may refer the print submitted together with the print on the notice to the prosecuting attorney for comparison. If there is no print on the notice or a comparison of the prints is inconclusive, the court must refer the notice back to the issuing agency for further investigation, unless it determines that a referral is not in the interest of justice. A Court cannot convict someone of a ticket if the evidence fails to show that person is the perpetrator beyond a reasonable doubt.

This process will result in the postponement of the case and tolling of the speedy trial period for 45 days. Therefore, the person must waive their right to a speedy trial.  According to one Long Beach Criminal Attorney who has defended these types of matters, the court may make a finding of factual innocence under Pen C §530.6 if the court determines there is insufficient evidence that the person cited is the person charged or if the prosecuting attorney or agency does not respond within 45 days. Except in the latter case, the court may determine that a finding of factual innocence is not in the interest of justice

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