I live in San Diego, California and have a DUI that was not mine but my brothers on my record. He used my name when he was pulled over. What do I do?

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I live in San Diego, California and have a DUI that was not mine but my brothers on my record. He used my name when he was pulled over. What do I do?

My brother got a DUI in San Diego, California last night and did not have a license. He told the police officer he was me and gave them all of my information. I don’t want the DUI on my record so what steps should i take to clear my name? Also, when i do get it cleared, is he going to be in more trouble for identity theft? What are the potential consequences for his actions?

Asked on June 28, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to contact the court right away regarding this DUI in San Diego, California.  The sooner the better.  A DUI attorney in San Diego, California is best to do this for you. Get one that handles DUI cases in the jurisdiction where this happened.  He'll know court personnel and can hopefully utilize his contacts to minimize penalties for your brother.

Your brother lied to a police officer, this will not sit well with the judge.  If this is his first DUI that will help him a bit, but he's more than likely not looking at minimum penalties here.  He probably will receive a sentence to include most if not all of the following: a hefty fine, license suspension, community service, counseling and a few days in jail.  Without  details it's hard to give a more definitive answer.  Also, alot depends on just what the judge does.


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