If someone got arrested for a DUI and gave the police my name, legally what are my rights?
Question Details:
Someone I know was pulled over and charged with DWI. He is a felon. He used my name throughout the whole court process without my permission. I received a suspension on my license today in the mail that's how I found out. What am I to do? I feel that the police should have been able to figure it out since he was fingerprinted. Now I have a suspended license for something that I did not do. Do I have a case against him and the police for what has happened?
You have absolutely have a case against the DWI/felon. He stole your identify and caused you several types of harm (suspended license, possible out of pocket losses, possible reputational damage, etc.) and you may absolutely sue him for this. As to the police, you *may* have a case against them--it depends on what is standard procedure in a case like this, whether or not they are supposed to immediately compare the fingerprints to check identify, etc. (If they violated SOP, there may be negligence.)
Your first priority is to clear your name and restore your license. You should retain a lawyer to help you with that; the attorney can also evaluate whether you have a case against the police, and whether a case against the felon is economically worth pursuing. Note that if you do have a case against the police, it typically must be filed quickly (short statute of limiations for claims against the government) and in the proper fashion, so don't delay.


Are you a lawyer?