Asked 12 months ago - Jacksonville, NCFlag
he wouldnt blow in the breathalizer and he gave them my name
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Gracious goodness. We've seen issues like that in past. Put simply, they're VERY complicated. Without knowing more, one would assume a Motion for Appropriate Relief MAR would be the most appropriate manner in which to proceed.
That would require the Court setting aside the original verdict. Furthermore, one would expect the State through the District Attorney's Office to prosecute the twin for the DWI. . .and perhaps for other charges involving a fraud upon the Court.
One would clearly want to take a look at the arrest processing paperwork / materials. Specifically, it woud be important to compare the fingerprint information and associated PID referencing. (Apparently even identical twins have different fingerprints.)
It may also make sense to determine if there is ANY record of personally identifying markings, scars, tattos, dental records, etc., that may be part of the file in official photographing, descriptions of the arrestee by the Sheriff's Department.
Many jurisdictions in North Carolina gather digital fingerprints and it is not uncommon to have arrest photographs and personal information on computer record through the NCIC.
Not certain if it applies here; but, "twin cases" often grow complicated when there are a series or pattern of cross-identifications & charges between the siblings.
Either way, you'd be well-served speaking with an EXPERIENCED DWI attorney.
Best of luck to you.
north carolina dwi defense.
A Motion for Appropriate Relief is your only option. Depending on the process (and assuming it took place in North Carolina), jurisdiction is likely in the District Court. You should consult an attorney immediately as time makes your situation worse. Though the District Attorney's Office (prosecutors) has an obligation to seek justice, they are overwhelmed with cases and it might take more than a year for them to even think about your issue (I know because I was a Superior Court Assistant District Attorney until very recently - I opened a practice with another Superior Court Assistant District Attorney).
No matter what you do, it will be worth your time and money to have someone look into your situation. You don't have to prove your brother lied about being you, you only need to show that it wasn't you who was convicted.
p.s. The fact that he didn't blow in the breathalizer will not help or hurt your case. I just wanted to address this issue because you pointed it out in your question.
Matthew V. Silva
Silva & Sweet, PLLC
2416 Commerce Rd.
Jacksonville, NC 28546
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