My brother used my name during a traffic stop the other day and the officer saw that he wasn’t me and they gave him a ticket. This is the second time he’s gotten caught driving on a suspended license. He gave them my name because he was driving under a suspended license due to a dui he hasn’t finish settling. What are the possible punishments or the likely outcome to this?
It depends on what he gets charged with. Usually this will be charged as using a fictitious ID or obstruction of justice and charged as a misdemeanor (punishable up to 364 days in jail), but if charged as identity theft, it would be a felony (up to 3 years of prison on a first offense).
Agree with Harold and would add that driving while on a SSS is also a Class A misdemeanor. Second offense has mandatory time.
I agree with both lawyers who have already commented. However if your brother has not settled his DUI, he is currently on behind. If the judge in his DUI case find out that he picked up new charges, the judge could revoke your brother’s bond on the DUI. Then he could be sitting in jail while his case is pending. He’ll be well advised to have a lawyer represent him on all of his issues.
In my opinion possible charges could be:
1. Obstruction of justice,
2. Identity fraud,
3. Driving on a suspended license (that could be filed later on and if a repeat offense may be charged as a state felony Class 4),
4. More criminal charges in connection to the state incomplete DUI for possibly harsher penalties,
5. If he used any false documents, then document fraud, which could be state felony Class 2.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline