Well, how did he GET your old name? Was it on your current license? Did you change your name legally? You are who you are. Writing the ticket under your former name was likely his way of showing you he "knows" who you are. When you legally change your name, most places now have a way to link your new identity to your old for records keeping purposes. Maybe the jurisdiction you are in writes tickets under the old name for records maintenance. It may also depend on the judge you get - some judges are sticklers and will throw out a ticket for a clerical error. Others will throw the book at you for trying to get out of a ticket on a techinicality. The bigger issue is...why do you keep getting arrested??? ;o) Call a local attorneys office and just ask about this - most will gibe you two minutes by phone for free. Or look in the blue pages of the phone book for a free legal aide society in your area. Or call the clerk of the courts and ask about it (but don't indundate them with the whole story of the arrest - they won't care and it won't give them the warm fuzzy they need to help you).

officer pulled me over,never gave a reason, arrested, interogated me, never read my rights & used information that he found using my previous name's recrd, then wrote the aresting ticket under my OLD NAME because under my new legal name he would have not had the right to make the arrest. When asked to provide ID I furnished my LEGAL ID card that has been me for the last 5 years-using my social security # he found my old record with charges that had no reason to transfer to my new name, he then returned to my car asking if I was XX & arrested me putting my old name as the arrested person - not mentioning anything about my current last name because had he used my Legal last name there would have been no reason for arrestConsidering the facts that 1)my name isnt close to being a recent change at 5+ years. 2) I provided my truthful LEGAL ID 3)I was questioned without being read my rights. 4)The arresting officer wrote the tickets using the name of a person that hasnt existed in years. 5) The arresting officer ONLY used that name so he could make the arrest possible. 6) Could I make the argument that the officer.... A- Wrote the ticket & made the arrest to a non existing person B- My rights were excessivly violated

I will address each of your arguments independently: 1)"my name isnt close to being a recent change at 5+ years." Just because you change your name does not mean you are a different person. You did not clarify why you were arrested, but if it was a warrant under a previous name, it does not matter that you changed your name. 2) "I provided my truthful LEGAL ID" Which is what you were supposed to do. However, that does not bar the officer from investigating you. 3) "I was questioned without being read my rights." If you were questioned after being taken into custody, then this is a violation of your rights. However, it does not make the arrest illegal. It just makes any evidence obtained as a result of the questioning inadmissible. 4) "The arresting officer wrote the tickets using the name of a person that hasnt existed in years." The name is a prior alias of you, and I am sure there is other identifying information (e.g. DL number or SS number), as well as a possible notation of the name change, on the arrest report. 5) "The arresting officer ONLY used that name so he could make the arrest possible." This is not really true. He could have used your current name. Regardless of your actual name, you are the right person. 6) "Could I make the argument that the officer.... A- Wrote the ticket & made the arrest to a non existing person B- My rights were excessivly violated" First, your rights were not excessively violated. The only violation of rights that may have occurred were you being interrogated after being taken into custody. However, any questions asked while you were only detained were legally asked, and any standard booking or identification questions asked after taken into custody are legal. And again, not being read your Miranda rights does not make the arrest illegal. Second, you are an existing person who has a current legal name and an alias.