Wrongly charged for traffic violation

[nysbar]

A few weeks ago I started to receive numerous letters from law firms offering to represent me for a traffic offense. I obviously thought they were sent in error since I hadn’t had any traffic violations or accidents. Shortly thereafter I received a legal notice containing a summons from the State of New Jersey, that’s when I realized there was some legitimacy to the legal letters I was receiving. I was proactive and contacted a representative of the NJ court as soon as I received the notice to explain that they had the wrong person.

The legal letters from the law firms stated that issuance of the summons was obtained from court records, so somehow my name and address ended up on public record for committing this traffic violation. The violation occurred over 3 months ago yet I only just received this notice. The summons was a carbon copy and was very difficult to read but I was able to discern much of the information on it. I live in New York and haven’t driven in NJ since last year, yet except for the name on the summons, none of the other information matched me. There was no automobile information (license plate number, VIN number, make , model, year) listed on the summons, the driver’s license number, date of birth, and address information did not match me either. There are a few mysteries surrounding this and everything indicates a different person entirely, but somehow they believed I was the person involved.

What was also strange was how I came to receive the summons. It was mailed to an old address of mine even though it had incorrect address information. The envelope containing the summons had my correct street address but the wrong city but the postal service still delivered it. The city on the envelope matched what was listed on the summons but the street address on the envelope did not match the summons. So even though none of the summons address information matched mine, it still found its way to me. It’s almost as if someone searched through the DMV database and found someone with my name who was close to the name written on the summons and sent it to me. We both had the same name and live in NY but that’s where the similarities ended.

From my initial talk with the NJ court agent, I have been very forthcoming with information, but when I asked the agent how they selected my address, she said a witness gave it but she wouldn’t elaborate further on it. Rather than inconvenience myself by driving to NJ, I sent them a copy of my license for the NJ police to look at. I was convinced as soon as the officers saw my photo they would immediately discount me as the offender. I was then told it was “too close to tell” and that my appearance would be required. It just sounded a little suspicious, plus I didn’t feel comfortable going there without some sort of representation just in case. I didn’t want to become one of those mistaken identity cases I read and hear about in the news.

I explained that it would be extremely difficult for me to go to NJ in person because of my job and the Guardian responsibilities I have for my father, so they sent me a plea form in lieu of my appearance. When I read the form I had immediate reservations about filling it out. The original summons had incorrect information in addition to a completely different address with no phone number, however this plea form asks for specific name, address, and phone number. If there was a place on the form where I could declare that I was being mistaken for this other person, I wouldn’t have a problem filling it out. However, there are sections that state “I am the defendant in this case”, “I give up my right to have an attorney”, and “I give up my right to cross-examine any witnesses”. I am not the person who committed this violation, so by filling out this form I feel it validates that assumption and looks like I am admitting that I was even remotely involved in this case.

Considering the only thing that was correct on the summons was my name, although it didn’t have the middle initial that I use on my license, I am stunned that it has escalated to this point. I feel I shouldn’t even have to fill out a form since I was not connected in any way to this violation, still I don’t want to ignore it and perhaps make matters worse. I have certainly shown good faith by my willingness to cooperate with them; after all I contacted them about this confusion. I could have easily ignored the notice I received and they would never have known of this error. It feels as if this has been one sided. I am the only one who has presented any information to them yet they haven’t shown me the photo of the person the police say committed this offense, or the witness who gave my street address. I'd like to know how they really got my address. How do I know that someone isn't trying to set me up? I would think these are logical questions to ask in a case like this. I just don't know if I have the right to ask that of them.

I've had numerous communiqués with the NJ court representative; the last communication I received from her stated if I don’t send in this plea form or physically show up in court, it will go against my license. I feel like they are trying to strong arm or intimidate me just so they can close this case. I will not do that, but I would like to go back at them with some kind of recourse. I’m just a layman but that almost sounds illegal for them to do. Can they just assume I was the violator and put it on my license without any proof at all? They clearly have the wrong person and I almost feel like I’m doing their job in trying to get to the bottom of this case of mistaken identity.

At first I thought this would be over very quickly since I did not commit this traffic offense, yet it seems each time I communicate with this person it makes things worse. When it started all they had was a person with my name with possibly inaccurate individual information, but now they have my name and my personal information which has now become public record. It’s gone from this other person who was listed on the summons to essentially me being charged with this violation. I could probably end the confusion by just appearing in person, but that means hiring counsel, traveling to NJ, and taking time off from work. I really doubt anyone is going to reimburse me for those expenses.

Does anyone have a suggestion on how I can resolve this matter? Any help would be much appreciated.

Thank you.
PB

[bigbadjohn]

Dear nysbar:

Your situation is a very strange case indeed. I am slightly confused as to what type of traffic violation they're trying to nail you on; you speak of a photo, are you referring to your drivers license photo or is this a traffic camera citation or what? Who actually filled out the citation/summons was it a police officer or court employee? If so they must include their badge number or court I.D. info.. You say they have a witness of this alleged incident and will not give you any further information about him/her.

I am not a lawyer, but I do know the U.S. Constitution, and it clearly states that you or your counsel have a right to confront and question witnesses. You cannot be charged with any crime in America by means of secret witness testimony, (this is not The Peoples Republic of China or Nazi Germany yet) unless it has to do with national security issues about terrorism and similar acts under recent presidential directives signed since 9/11. If you or your attorney cannot question this alleged witness in court, if this is what they are basing this case on, you or your attorney can verbally request a "motion to dismiss" to the judge of the alleged violation on the basis of insufficient evidence. I have never heard of any jurisdiction in America issuing traffic citations based upon witness testimony of an untrained citizen; typically the "witness" is a trained police officer, state trooper or a traffic light camera etc..

I realize that this is absolutely a case of mistaken identity and you should be able to rectify this situation before it ever reaches a court room, but unfortunately there are no guarantees anymore in our increasing creep toward
fascism in this wonderful country. (e.g. judges legislating from the bench etc.)

The fact that they do not have your vehicle license plate number, type of vehicle, color, correct home address etc. does not give them sufficient evidence to prosecute this case. In California where I live, even a hanging judge would have to throw this one out of court like a red hot lug nut!

I cannot believe that NJ is pursuing such a minor case/issue with such overzealousness with such apparently week evidence. New Jersey sounds nuttier than California on this one!

What you need to do is type up a very accurate letter as to the facts as you have laid them out (make it very logical and very specifically clear), I know
you can do this because your post was pretty literate and logical.
State all the reasons why this case does not have sufficient evidence to prosecute, the prosecutor of your county (the DA) has to prove beyond a reasonable doubt that IT WAS IN FACT YOU in addition to proving beyond a reasonable doubt that you actually committed the alleged violation; especially since it was not you in the first place and you can prove it. Make sure to include a copy of your automobile registration and copy of your drivers license that hopefully will show your same matching correct address!

Make sure to address it to the referee of the court or one of the proper judges for that jurisdiction that the clerk will give you the name of, and make
sure to send it registered and return receipt U.S. mail. Don't let that woman
that you spoke to at the court house tell you to just send it to her, respectfully request the name of the appropriate judge, commissioner, magistrate or court referee.

If they do not dismiss the citation after this, unfortunately you will need to
set a court date for arraignment, (I don't understand why It has gone for three months and they have not given you an arraignment court date); at the arraignment you will plead NOT GUILTY and usually be given a trial date or sometimes you will settle it right there with the judge or the deputy DA.

You really need to get this issue resolved because the last thing you need is a
warrant for you arrest for a TOTALLY BOGUS charge. I hope this reaches you
in time. Good luck, bigbadjohn.