I have a dui on my record but it wasnt me that got the charge it was my twin brother. but this is on my record how can i fix thi

Attorney answers (2)

1. Licensed in NC

   

   F. PowersPro

   Charlotte DUI / DWI Attorney

   Contributor Level 16

   

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   Answered May 31, 2012 12:17. 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.
   
   bill powers
   north carolina dwi defense.

   NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the... moreNOTE: 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. less

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2. Licensed in NC

   

   Matthew Silva

   Jacksonville DUI / DWI Attorney

   Contributor Level 11

   Answered June 01, 2012 06:06. 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.
   
   Sincerely,
   
   
   
   Matthew V. Silva
   Silva & Sweet, PLLC
   2416 Commerce Rd.
   Jacksonville, NC 28546

   The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in... moreThe information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation. less

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