What can we do to clear my husband’s name and make sure make sure we do not have any problems like this in the future?

UPDATED: Jun 2, 2009

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What can we do to clear my husband’s name and make sure make sure we do not have any problems like this in the future?

My brother in law has a warrant for his arrest and no insurance. He has been pulled over and received a ticket twice that we know of and has provided no driver’s license, only my husband’s social security number. Since my husband wasn’t aware of these tickets ( his brother did not tell him about the tickets) there were two warrants issued for his arrest due to failure to appear in court. The tickets were for no proof of insurance. Because of this our insurance company wants to drop us and no other insurance companies want to work with us. I don’t understand how this is allowed to happen.

Asked on June 2, 2009 under Criminal Law, Utah


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I've seen sibling "affection" like this before, and it is a truly difficult situation that tends to create chronic problems such as the ones you are having with auto insurance.  You need a lawyer who will work with you over a period of time to make sure that everyone understands the problem, and that your husband shouldn't have to bear the burden of it.  One place to find an attorney who can help you with this is our website, http://attorneypages.com

There's probably nothing that can be done directly, in court, aside from getting the outstanding warrants out of your husband's name.  Since the tickets your brother-in-law got would have to state where and when they were issued, it may be relatively easy to prove that your husband wasn't there, with a little luck.  As far as the insurance company goes, sometimes a pointed letter from an attorney makes them "reconsider" things.

It's a pain, and it will probably go on being a pain for a while, with your attorney writing letters to various law enforcement agencies that might not have "gotten the memo" from his first round of letters.  But, sooner or later, siblings like your husband's find their way to jail, which will make life easier at least for a time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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