I found a ticket in my sisters belongings that was made out to me but with her physical discription. I held on to it to confront her but I think I lost it. When i confronted her she said a car hit hers and when the cops came she panicked so she gave them my info, but I think this is not the first time she's done that. She said she was willing to go to court and say it was her. Because they have her physical discription on the ticket couldn't I just say its not me on account of me not having any similar characteristics? For instance it says weight 200 lbs height 5'7 and tattoos on wrist. I weigh 120 and I'm 5'1 and I have no tattoos.
This happens so often that the Attorney General has a special "criminal identity theft" program to deal with it.
Take a look at the website.
However, you might want to pay the ticket. Your sister would be admitting she committed the crime of false personation, which can be charged as a felony.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
Yes you can fight it and since it is the State's burden to prove you did the offense you should not have to testify unless you want to. The officer has the burden of proving your identity. You can also hire an attorney to assist you. It probably got filed at the local traffic court in your area where the accident occurred. Find out where that was and go to the court. Then set the case for trial. x
You can fight this ticket- but Mr. Marshall's suggestion might be more feasible.
ANDREW ROBERTS CRIMINAL, DUI AND TRAFFIC TICKET DEFENSE ATTORNEY
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