Can I sue the DMV for repeatedly giving some one else a driver’s license in my name?

UPDATED: Sep 30, 2022

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Can I sue the DMV for repeatedly giving some one else a driver’s license in my name?

Here are the details: my brother is a convicted felon and isn’t allowed to drive so he decided to take my information to the DMV and pose as me for a new license. This happened a few years ago but over the course of this time I have moved a few times and gotten multiple photos taken with my change of address done. Every time I did this he would go right behind me and pretend to be me present copies of documents when the DMV only accepts originals and get a new picture taken with my information. Thanks to this I now have multiple speeding ticket which he received in my name as well as points on my license. This has cost me to lose jobs because of an unclean record.

Asked on November 14, 2015 under General Practice, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, you don't sue the DMV becasue even if they weren't as scrupulous in verying identity, documents, etc. as they pershaps should be, your brother deceived them--he, not them, is the wrongdoer. You can sue your brother for his identity theft and to get a court declaration that these tickets are not yours; you can and should file a police report and press charges against him; and when you next get a license or change address, etc., don't tell your brother and don't ever give him copies of any of your documents or let him into your home where he can take copies.

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 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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