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Pennsylvania Criminal Defense

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Law Offices of

Patrick F. Lauer, Jr. LLC

Pennsylvania Criminal Defense

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Have You Been Charged with a DUI?

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  4.  » What if a traffic violation wrongly identifies you?

The state of Pennsylvania notifies motorists through mail about traffic violations they have committed in advance of corrective action. However, it is possible that a driver does not remember the supposed violation or anything related to it. If you have serious doubts that you are guilty of a traffic offense, someone may have stolen your identity.

With the widespread use of the internet for online transactions, identity thieves may find and steal a person’s personal information. They might even make a fraudulent driving license with the name and contact information of the identity victim and could give out this information during a traffic stop.

Taking steps to clear your name

Traffic violations place points on your record. With enough points, the state will suspend your driving privileges. Traffic offenses can even lead to jail time. These are enough reasons to clear your record of any violation you did not commit.

According to the Pennsylvania Department of Transportation site, you should make contact with the police office or the jurisdiction which created the citation. You will probably reach out to the court that oversees the violation to ask for a hearing to establish that you are not the defendant who committed the violation.

When the state corrects your record

It is important for a court to send documents to PennDOT that explain that you are not the correct defendant cited in the violation since PennDOT cannot establish guilt or innocence on its own. After receiving the court documents, PennDOT will review your record and update it as needed.

Given that you will likely need court action to make the case that you are the subject of identity theft, it is important to know your legal options before a hearing. Removing wrongful points from your record can be well worth it.