A trucker (CDL) was issued a citation for a number of violations. He signs the promise to appear on the ticket, but after the trooper delivered the ticket to our JP, our JP notices that the signature does not match the name of the driver as shown on his license. JP wants to dismiss ticket. Trooper claims he doesn't care if trucker signs ticket "Mickey Mouse" , trucker still has to appear. A battle is brewing. Has anyone out there faced this issue? Please help before our Trooper/JP relations deteriorate beyond repair.

Trucker did not have to sign the ticket at all and incorrect info in the ticket itself is not binding. The ticket is just like an offense report. It is the complaint that the trooper files that locks in the charges.

Even if the ticket is simply akin to an offense report (and I don't know enough about the facts to definitively opine about the ultimate resolution of my quasi-hypothetical question), wouldn't the trucker's provision of a fake name come dangerously close to turning his class C ticket into a class B misdemeanor under section 38.02(b)(2) (failure to identify)? Indeed, whether it's a charging instrument, an offense report or a simple acknowledgment of the incident, wouldn't the ticket constitute a "governmental record" such that his false entry might constitute tampering with a governmental record under 37.10(a)(1)? In the face of a class B or even a Class A, maybe the trucker would prefer to simply show up and deal with his ticket.

I saw Nacogdoches County DA charge it as a feloy once.

Obviously the trucker has a 'stage name' just like a movie star (as the professions are so obviously related!). Make sure the PC affidavit acknowledges both names of our movie-star wannabe.

My response to this (and it has happened here!) is to treat it as a Class B. Signing the ticket gives the offender the chance to leave and, in return, he is making a promise to appear on a set date. Now, if I sign "L. Peterson" as opposed to "Lisa Peterson" - that isn't worth the fight. A recently married female under the stress of a stop may sign her maiden name instead of her married one. If the pseudonym is totally different, I'd be looking at some totally different charges!

I'm a little concerned about this JP who wants to reward this guy for signing a false name by letting him skate on the ticket. Perhaps inquire from where the JP derives the authority to dismiss charges on his own motion?

What if the trucker was a complete idiot and was signing his real name after using a fake/stolen DL ?
I think I'd have the trooper pull a copy of the DL pic and make sure its him.

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What if the trucker was a complete idiot and was signing his real name after using a fake/stolen DL ?

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We had a case just like that and charged defendant with Fail to ID. Alert cop noticed, inquired, and hooked him up on the spot.

We have had several of these in the past few years. In our cases, the driver provides a false name and signs the ticket and then someone else gets arrested for failing to appear on the ticket. We charge those as felony tampering.

Thanks for all the help. The name the trucker signed was completely different from the name shown on his license. So, the trooper is going to file it as a Fail to ID and we are going to bypass the JP altogether.

Either that or charge with Tampering with Government Records.

There is a difference between a written name and a signature. There are plenty of people (myself included) whose signatures are completely illegible. The signature, regardless of what is (or is not) actually spelled out, is merely an acknowledgement of receipt of the ticket and a promise to appear. If the trucker shows up and does not deny the signature as his then I do not think there is any violation. Now...if he tries to avoid the ticket by claiming he was not the person who signed, then I think you can tack on additional charges. In the meantime, I think you have to wait until the appearance date and see what happens.

I don't get failure to ID in this case. Hasn't he already handed over his true license? Doesn't that end his obligation?

My office has filed Tampering in cases where the person gives a false name and signs that false name to a citation. Not quite the same situation as simply signing the wrong name! The act was usually discovered when some poor brother or cousin finds out they have a FTA warrant because their schmuck of a relative used their id on some citation.

I agree that the best course would be to see if the person shows up before you file any additional charges.

Stephanie

Agree with waiting until after appearance date

This is probably rearing its ugly head from the dark dark recesses of my subconscious since I learned something about it at some point in time in Law School and prepping for the Bar Exam in regards to commercial paper which I hoped to never have to think about post-bar exam, but on a check, any signature by the person, whether it be their name or signed as Micky Mouse is that person's signature. If I take someone else's check and sign their name to it, technically, I have signed that check and I'm therefore liable for it (outside of any criminal charge). I may sign it Larry Bloomquist, but it's my signature.

Along those argument lines, I think the guy signed the promise to appear and as such, has promised to appear via that signature. Pull the video and have it ready b/c he's likely going to claim it wasn't him, if he ever shows. Minute he doesnt appear, hit him with FTA.