A former friend of mine used my informaiton without presenting an actual DL in TN. My DL is issued from IL, but she used my TN address on the tickets. She was in her own vehicle and no proof of insurance. The cop issued her (or me) 2 tickets. One for speeding and one for failure to provide proof of insurance. My insurance agent contacted me stating that my DL is being suspended Nov. 1st due to failure to appear in court, failure to surrender license, and failure to pay. The girl who used my info had my name and correct birthdate, but my TN address is not my primary home and therefore, did not correctly match up with my information in the system. The cop did not question her and I did not find out about this until last week. The courts cannot get me in until Nov. 6 at which time is only an appearance to schedule another court date. My license is going to be suspended Nov.1st regardless, therefore, preventing me from being able to drive to and from IL where my company’s main office is. I travel to and from TN and IL about 3 times a month. The courts told me it will take apprx. 2 months for everything to clear and have my record cleared. Do I have any options? Can I get a license to drive just for work? Do I have a right to sue the police dept. or the individual that frauduently used my info????
You don’t have any recourse against the police. It’s very possible the TN address showed up as secondary in their system (I don’t know which one they use). All your friend had to indicate is that she was in the process of moving ‘her’ license, accept the ticket and move on. You DO have recourse against the person who did it, and she also is probably liable for fraud and criminal identity theft charges.
There should be a process to appeal the suspension itself, and you can (with the help of a lawyer) possibly request a court to execute an emergency stay of the suspension as well. I’m not 100% sure what TN law is on this.
My advice would be to get a lawyer to handle both the traffic court case and initiate proceedings against your friend. You will need the original officer who issues the citation to make a positive ID on her as the person who claimed to be you.