One man gets a DWI, the other loses his license: the surreal story of two James Burtons

Updated 1 hour ago
HOUSTON, Texas (KTRK) -- In some ways, the lives of the two men in this story were always meant to collide.

Both were born on December 8, 1964, at Hermann Hospital.

One man's mom named him James Eric Burton. The other was named James Dewitt Burton.

For the past two weeks, James Eric Burton has relied on a scooter to get around town, "Because I can't drive," he said. "If I'm stopped, I risk a chance of being arrested."

In April, Burton received a letter from the Texas Department of Public Safety informing him that his license would remain suspended until October due to a DWI guilty plea.



But Burton says there's one major problem: He's not the James Burton who was charged.

Instead, the guilty plea belongs to another Houston man -- James Dewitt Burton.

The coincidence is almost unbelievable.

Besides being born on the same day at the same hospital and given virtually the same name, both attended Yates High School.

"I knew him in high school!" James Eric exclaimed as he tried to explain his dilemma.



And according to the two men, the confusion between them dates back decades.

"You're the other James Burton?" ABC13 asked during a recent meeting.

"I am," he replied.

"But you're not..."

"I'm not James Eric Burton. I'm James Dewitt Burton."



James Dewitt Burton admits his grades were terrible during high school, and said James Eric's much better grades helped him pass 11th grade because teachers confused the two students.

James Eric remembers 11th grade differently: "One time I came home and my mom had this look, like I'm in trouble," he recalled. "My mom held out her report card. That James had missed a lot of days of class."

The two men say they haven't seen each other since high school, but their lives have continued to intersect through mistaken identity.



James Dewitt, who agreed to speak to ABC13 without showing his face, acknowledged he has an extensive criminal record going back decades and believes it casts a long shadow on the life of the other James Burton.



"It hasn't been me that's been disadvantaged," James Dewitt said. "Most likely, my messing up is messing him up."

"I didn't make a mistake, the courts made a mistake, and the courts have said they have the correct information," James Eric said.

After ABC13 reached out to the Harris County District Attorney's Office, James Eric said they called him. HCDAO said paperwork has already been filed with the court system to correct the error.

The remaining hurdle appears to be with the Texas Department of Public Safety, which ABC13 also contacted.

Until then, James Eric Burton remains unable to legally drive -- stuck dealing with consequences tied to someone else's conviction.

"That's why I'm speaking out," said James Dewitt.

James Dewitt Burton said he hopes this story will convince authorities that James Eric Burton should have his license returned.
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