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Questions Answered by Mr. Hudson Thomas Bair
2 Answers | Asked in DUI / DWI for California on
Q: My nephew age 20 got a DUI last weekend after he got into an accident. He had been drinking but he was told to do field

Sobriety test with what we later discovered after going to the hospital he had a broken neck and broken discs in his back

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Sep 13, 2022

You should definitely talk to a DUI defense attorney, there are issues here to investigate. Obviously any coordination test performances will be affected by the injuries suffered by your son in the accident. Depending on the timing (and type) of the chemical test, hospital treatment can also... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Do I need an SR22 in California if my DUI conviction is over 10 years old?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jul 5, 2022

Yes, you will need to get SR-22 insurance and meet any other requirements that were in place following your suspension for DUI. You could contact DMV Mandatory Actions at 1.916.657.6525 to determine what steps you need to take to reinstate your license.

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2 Answers | Asked in DUI / DWI for California on
Q: DUI Arrest 4/17/2022

Got arrested April 17,2022 for a DUI with a .08. No DMV hearing yet, court date August 9, 2022 I am a licensed Life and Health agent, and it Looks like one of my health insurance carriers that I write busines with says my CA resident license is not active and suspended. Can they do this?? is this... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on May 30, 2022

I am unfamiliar with the California Resident License, that being said, the issuing agency may have authority to withdraw or suspend the license when a licensee is arrested. You should contact the licensing agency and ask about the process to get reinstated.

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2 Answers | Asked in DUI / DWI for California on
Q: help i live in california and in 2011 i got a dui while out of state.

completed alcohol classes there. now 11 years later CA has suspened my license for that 2011 dui, claiming its been suspended for 11 years! retro deated. Ive lived in other states and had licenses and moved back to CA in those 11 years and currenly have a valid CA license. i need help

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on May 29, 2022

You probably received the DUI on your CA license in another state, that state finally reported the conviction to CA, CA updated it's records and has suspended you effective to the date when you were convicted. You probably do not have a valid license at this time, you will probably have to... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Help with understanding why there are two separate bails.

Hi my fiance was arrested for 2 warrants for DUI misdemeanors and one county is saying no bail and the other has a bail for 30,000 what does this mean?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 27, 2022

It means that on one warrant she can post bail, on the other she must appear in court before bail will be considered. You should contact a local lawyer to discuss the cases and possibly appear and argue for bail in the "no bail" case.

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4 Answers | Asked in DUI / DWI for California on
Q: Ok i was dropped from a 3 month DUI program ...

I feel they were in the wrong ( i explained all this in my first question....

The thing is my DUI will be 10 years old this June 2022 ... And i went to the court and DUI liaison for my options but got the run around and i eventually just forget about rectifying it but i now have come in to... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 13, 2022

You cannot get a license until you complete the program. If the program will accept you with the credit you earned, great, if not, then you start from the beginning. Obviously, there may be other concerns regarding the court aspect of your case.

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2 Answers | Asked in DUI / DWI for California on
Q: Can a dui be transferred from state to state ? OR to CA ?

I was visiting family in Oregon and Saturday night (April 9) I was pulled over and received a dui but I live in California and can’t travel back and forward. My court date was set for June 6, 2022 and I want to know if my case can be transferred to my county.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 12, 2022

No, you can't transfer the prosecution to a venue that is more convenient for you. You will need to either retain a lawyer or appear at your arraignment on June 6. At that appearance, your lawyer will appear on your behalf or, assuming you are there, you may have a public defender appointed... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: I was dropped from a 3 mo DUI class with only 2 more classes left to complete! What are my options for rectifying this

I didn't miss more than 5 , times i did miss class was due to work , which i did provide the requested proof (timecards via fax) had only 2 more classes until completion. Do i need to just make up my last 2 classes or will I need to do another entire 3 month program again? And where can I find... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 4, 2022

You should check with the program directly regarding admissions and attendance policies, they should be able to show you the regulations applicable to your situation, they also should explain the reinstatement process. Often, once a student has been expelled from the program they have to return to... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: If the driver was intoxicated and passed the drug and alcohol test and killed a pedestrian.

The Driver was only sentenced with 95 days in jail. Can the charge still be appealed to much longer sentence? If not, why is it only 95 days when the driver killed someone?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Mar 29, 2022

At sentencing the Judge took into consideration all the factors in the case, the facts, the victim, the defendant and contributing factors; he/she either agreed with the "plea bargain" that was made or made an offer independently of the prosecutor, either way the "parties" (The... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: first time offender DUI charge in CA by CHP.

Pulled over, detained, and gave two BAC’s. Was .29, cops let me call my mother and she picked me up. Took license and gave me the 30 day slip. That was February 19, 2021. Fast forward, still no court date, still nothing. My boyfriend did the legwork and was able to find me the resources to get my... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Feb 9, 2022

The good news, if there is any, is that you are really close to the Statute of Limitations running (assuming this is a first offense without and accident causing injury). In a misdemeanor prosecution, the prosecution has 1 year from the offense date to file charges, once the filing deadline has... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Hi, my brother has been in jail for DWI in Ca. He’s been in there for a few weeks and hasn’t seen a public attorney.

From what it sounds to me is they keep giving my brother the run around. my brother hasn’t been able to talk to his public attorney or hasn’t seen one. He set bail last week but haven’t released him, he just sitting there waiting to hear something from someone. Is this legal?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Feb 8, 2022

As Mr. Gribow writes, there is more to this than meets the eye, when bail was set (which should have happened in court) he would have been represented by a lawyer, either one he paid for or one appointed by the judge. That being written he won't be released until bail is paid or the judge... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: I had a Dui that was expunged in CA & have been offered a position in Finance for the City, do I still need to disclose
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 28, 2022

It depends on what the job application requests, be aware that an "expungement" doesn't really hide the conviction, it remains on your driving record.

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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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