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How to get rid/clear a DUI that wasn't yours.

Charlotte, NC |

Would my husband have to go into court and fight it off? His brother doesn't have any legal document stating he's a US citizen. Will it still effect my husband. My husband doesn't want his brother turn himself in. He's afraid they will send his brother back over seas.

Attorney Answers 2

Posted

Your description of events is not entirely clear, but if your husband was just recently charged with a DWI that his brother actually committed, he absolutely needs to fight that charge in court.

I understand you and your husband do not want to get this brother in trouble or deported, but a DWI is a serious offense and your husband does not want it on his record, especially if he did not commit the crime. Additionally, just because your husband proves that he did not commit the crime does not necessarily mean that they will automatically come after his brother.

I highly recommend speaking with an attorney about this situation to hopefully work out a resolution that works for both your husband and his brother.

Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background.

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Posted

If this or any other answer is helpful, please let AVVO.com know.

There MAY be other options. . .assuming there was an arrest associated with the DWI charges. If that is indeed the case, there would be an arrest photo from the Mecklenburg County Jail.

It's complicated, but with proper documentation proving the false name / identity during the arrest via an NCDL photo, arrest photo, NC DOT/DMV record check, etc., it would make sense to approach the District Attorney's Office to discuss options.

Obviously the Law Enforcement Officer would need to confirm the picture on the license & associated name was indeed NOT the person taken into custody, thus providing the identity theft.

It's EXTREMELY COMPLICATED. Your husband would benefit in speaking with an experienced DWI Attorney.

bill

NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.

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Posted

His brother said, he didn't get booked or photo'd. But, charged for a DUI. Is that possible? I really want my husband to get his name cleared out if the system. It's not fair to us; ESP, when my husband is going into law inforcement. It'll take a great impact on his work also. NC is stricter than we thought. His brother got arrested in WI. My husband and I are in NC.

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