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Questions Answered by Mr. Hudson Thomas Bair
3 Answers | Asked in DUI / DWI for California on
Q: Friend retained a lawyer but hasn't spoke, only to the paralegal, and wants to make sure attorney is right for the job.

Details - Driving home they lost control and hit a tree 100 yards from residence. Neighbor heard accident and called chp. Friend pulled away from tree and parked in front of home. Friend got out of truck and went into residence. Mad, pissed, and a little rattled, said friend decided to self... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 17, 2022

You should reach out to the lawyer that has been retained, request a meeting to discuss the facts, evidence and path forward. If the lawyer won't meet then obviously there's a problem, it's time to start looking for a new lawyer.

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3 Answers | Asked in DUI / DWI, Civil Rights and Gov & Administrative Law for California on
Q: Got Class A 1st time dui because interlock device can’t renew my class A unless downgrade to class C … Is dmv right ?

DMV claim I can’t renew class A license for another 6 months due to interlock device they gave me 2 options #1 pay cdl renew fees get a car on you name sr22 instal interlock device and dont drive vehicle for six months option # 2 if you want to drive now give up class A and downgrade to class C... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Dec 24, 2021

The information you have seems accurate, a commercial license is suspended for one year hard, regardless of the vehicle you were driving. If you want a license before the one year is over, you can do it but you have to re-qualify for the Class A license when the year is up.

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1 Answer | Asked in Contracts, DUI / DWI and Real Estate Law for California on
Q: Does a DUI arrest before closing on a mortgage invalidate previous sworn statements on application?

I signed paperwork to complete a SBA mortgage loan and said NO that I had never been arrested. After sending in the documents, but before closing, I was arrested for DUI. Should I amend my paperwork? I don't want to knowingly mislead, even though at the time I signed there was no problem. It... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Dec 6, 2021

Of course the devil is in the details, what you signed and how it is phrased, generally if everything your answered was true when you signed the document you should be fine. You might check with your realtor for an additional opinion.

4 Answers | Asked in DUI / DWI for California on
Q: Can international law help me protect my rights against a DUI case in Southern California?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 9, 2021

How do you think international law help defend your case? Generally, when you visit or are a resident in a country you agree to follow the laws of that country, especially the laws relating to activities that are criminal.

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3 Answers | Asked in DUI / DWI for California on
Q: i have a drug dui, but on my blood sample it is dated the day before my arrest ? it just seems like it might not be mine

would it be a reason to get that evidence throw out?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 4, 2021

Maybe. You should hire a lawyer to investigate the "chain of custody." Usually, with evidence there is a log that tracks the movement of the evidence, in the case of a blood sample, it usually includes the vial serial number and then the date, time and name of every person touching the... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: If after arrest for 2nd dui, I forgot to mention I drank after driving, is there a way to fight it?

I got in an accident not at fault right by my house. I went home to check in before the police arrived. I was in shock and had a couple shots to calm my nerves not thinking I would be breathalyzer since I wasn't at fault. I know stupid. When giving police report I mentioned I had a couple... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 4, 2021

The statements, regardless of whether they are included in the police report, will likely not affect the charges you face, nor the settlement offers you receive. You should probably contact a local DUI defense attorney to discuss the best way to proceed in your case, they can help you develop the... Read more »

3 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: Admitted to drinking and driving but passed sobriety test. can the judge change his mind and sentence me?

Involved in a single car accident, nobody was hurt. i admitted to the officer that i had a drink that night. he gave me a field sobriety test and i passed, he said “i’m not being arrested for DUI” i got a infraction for an unsafe lane change. the officer didn’t do any blood work or... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 28, 2021

If there's no chemical test it's very difficult to prosecute you for DUI, especially if you passed the FST's. If you want to fight the infraction, have at, it would be difficult for anything to be added to the case.

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2 Answers | Asked in DUI / DWI for California on
Q: Can a lawyer appear to Court on my behave at my initial appearance?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 8, 2021

Generally, yes, there are exceptions, you should contact a lawyer to discuss possible representation at that time they should be able to tell you what they can do to help you, including going to court on your behalf.

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1 Answer | Asked in DUI / DWI for California on
Q: California DMV DUI hearing, my license was revoked for 1 year. Can I get a restricted license

At my California DMV DUI hearing, my license was revoked for 1 year, due to the fact the officer stated I refused a blood test (though 100% false. Regardless is there any way for me to get a restricted license for work, medical, food, and transporting my children to/from school?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 6, 2021

No, a finding of refusal by the DMV results in a one year "hard" suspension, you should have been advised of that possibility when you were offered the test.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Do I need to get a lawyer?

I violated my court probation by “attending a illegal motor vehicle contest” they gave me a ticket for spectating.

My original offense was for a dui. Which occurred at the beginning of 2020.

- I was within 300 feet when the police stopped me, but they had the whole intersection... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 5, 2021

As part of your probation you were told to "lead a lawful life", this is potentially a probation violation. That being written, you probably have nothing to worry about regarding a probation violation, however you can contact a local criminal defense attorney (or maybe the one you hired... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: I’m now outside of the US I have two dui on my record I didn’t finish the court Situation is it a felony now a
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 4, 2021

No, if they weren't felonies to start with they aren't felonies now. However, obviously, if one of them (or both) were felonies, then yes they remain felonies.

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1 Answer | Asked in Car Accidents and DUI / DWI for California on
Q: After an accident can a cop make me take a blood test after submitting to a breathalyzer at the scene? I wasnt arrested.

This is meant to clarify my previous question which Dale S. Gibow was kind enough to answer. Thank you.

I think his answer told me yes because my breathalyzer was voluntary but i wasnt arrested after doing field sobriety tests and breath test. I apologize for not fully comprehending the answer.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jul 5, 2021

If you aren't arrested, there are no legal grounds for requiring a blood test as "implied consent" is triggered upon arrest. If you are arrested, you must consent to a sample of your blood or breath, if you don't the officer can request a search warrant and obtain a sample or... Read more »

2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: Can an officer make me submit to a blood or urine test after an accident if i passed a breathalyzer in Ca.?

I rear ended a car that was stopped on a dark part of a highway with its lights off in Half Moon Bay (San Mateo county). The other driver just screamed at the top of her lungs until she was in an ambulance. Paramedics told me shes perfectly fine, just in shock. Naturally they suspected i was at... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jul 5, 2021

Rear-ending a car is enough for the police to investigate the cause of the accident, if they think that impairment was a cause of the accident they can further investigate the sobriety of the driver(s) involved. If you were arrested (and a subsequent question suggests you weren't) you could... Read more »

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5 Answers | Asked in DUI / DWI and Employment Law for California on
Q: I am applying for teacher credential and my.dui paperwork shows pled nolo contendere and got probation misd DUI.. put?

Sorry for condensed above. I don't know if I have to put convicted of 23152ab or my plea shows pled not guilty.. nolo contendere. Then shows I was assigned probation. I just want to input everything correctly

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 17, 2021

Yes, you were convicted of a DUI, a plea of "nolo contendre" is a plea of no contest which the judge should have advised you would be accepted as a plea of guilty by the court. Which count? Only you, your lawyer, the court or your paperwork know the answer.

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2 Answers | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for California on
Q: My husband was arriving in 11/18 I hired a lawyer he did not help my husband he wanted him to plea guilty,

What options does he have,he was assaulted by the arresting officer

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 5, 2021

He can, and should, contact another lawyer for a second opinion before resolving his case.

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How can i get a hardship drivers license or some kind of restricted license to work if i have never had one?

my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 4, 2021

You should call Mandatory Actions (1.916.657.6525) they should be able to tell you whether you are eligible for any sort of license, although in my experience you will likely be unable to get a license until you complete the program.

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2 Answers | Asked in DUI / DWI for California on
Q: In California, what is the statute of limitations for a misdemeanor DUI with marijuana?

After googling I found it’s a year but I wanted to be 100% sure because today marks a year and I don’t know where to go from here:

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 1, 2021

Assuming you're correct and it's a misdemeanor, the statute of limitations is one year from the date of arrest. You should call the court and confirm that no charges have been filed, tomorrow.

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5 Answers | Asked in DUI / DWI for California on
Q: Did I get screwed with my plea bargain deal?

First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 3, 2021

It's impossible to know whether your "deal" was good or bad as it depends on the facts of your case. Simply because you had a low blood alcohol concentration doesn't mean your facts were good, there are many "enhancements" that increase the potential punishment for a... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: DESPERATE NEED pro bono help Sonoma court, I'm in Reno DUI OF rx meds PASSED ALL FIELD TESTS Not allowed Public defense

14 months ago I was WRONGFULLY arrested for DUI of RX medications (under supervision of all DOCS involved) 100% PASSED EVERY field sobriety test performed and was still arrested. I am a 63 yrs old female and a business professional my entire life, mostly for CVS pharmacy, rarely drink or a parking... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 21, 2021

Bring documentation supporting your financial situation and ask for a Public Defender. Be advised that simply because your taking prescription medicines doesn't prevent the prosecutor from moving forward with DUI charges, even prescribed drugs can "influence" your driving, hence,... Read more »

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4 Answers | Asked in DUI / DWI for California on
Q: Can a lawyer get my hospital and morgue class dismissed since they were delayed and I'm now out of state due to COVID19?

I was convicted of a DUI in May of 2019 and I've already completed my alcohol classes, my community service, MADD, paid all my fines, and had a restricted license and a breathalyzer for 6 months so now the DMV reinstated my full license. The only thing I have left to complete is my Hospital... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 9, 2021

A lawyer can make that request on your behalf, the rub is whether the judge will actually make the modification.

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