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Questions Answered by Mr. Hudson Thomas Bair

1 Answer | Asked in Criminal Law and DUI / DWI for California on

Q: I JUST FOUND OUT I HAD 2 WARRANTS. IF I GO TO THE COURT CLERKS OFFICE HOW LONG DOES IT TAKE TO PUT ME ON THE CALENDAR?

I LIVE IN SAN DIEGO CA AND 1 IS FOR A DUI TICKET AND THE OTHER IS A TROLLEY TICKET. BOTH ARE MISEDEAMANORS AND OVER 8 YEARS OLD. I HAVE NOT BEEN IN ANY TROUBLE IN 8 YEARS.

Mr. Hudson Thomas Bair answered on Aug 24, 2019

Call the Clerk's office, some courts have same day (meaning you show up to court when the Clerk's office opens and you get added to the calendar that day) while others have a more involved scheduling system which requires you show up and you get a court date some time in the future.

2 Answers | Asked in DUI / DWI for California on

Q: I recently got my first arrest for DUI. Should I wait for the court to assign me a DUI class or should I sign up myself?

Mr. Hudson Thomas Bair answered on Aug 16, 2019

This isn't a clear-cut question with an easy answer. It depends on the facts of your case, you should contact a local DUI defense attorney to discuss the facts of your case, possible defenses and likely outcomes, you might also discover that a lawyer isn't as expensive as you think.

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2 Answers | Asked in DUI / DWI for California on

Q: I have a no drinking clause in nevada effective until March 6th 2020 that's my final court day but I just got a dui in

California will the judge know about this dui in CA in my final court day?

Mr. Hudson Thomas Bair answered on Aug 15, 2019

As I wrote earlier, no one knows, there are four ways a judge would find out, the prosecutor in your DUI case calls the judge/court, the judge in your DUI case calls the court/judge, you have a self-reporting requirement and you tell the court/judge or the judge/court/prosecutor in Nevada runs your... Read more »

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2 Answers | Asked in DUI / DWI for California on

Q: I have a drinking clause in nevada but I just got a dui in California when will the nevada judge find out about this

Mr. Hudson Thomas Bair answered on Aug 14, 2019

The Nevada judge probably won't unless the CA prosecutor or court notifies him/her. If you have a self reporting clause in your probation terms, you need to self report.

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3 Answers | Asked in Criminal Law and DUI / DWI for California on

Q: If I am not on probation or parole and am placed under arrest can I be searched and be given a blood test?

I was placed under arrest for DUI while not in the vehicle and the keys not in the ignition in my own driveway. Police were called by neighbors because; I thought I was in park and was not reached over to grab two pizzas in the seat next to me my foot left the brake as my vehicle ran into my own... Read more »

Mr. Hudson Thomas Bair answered on Jul 21, 2019

You have a lot of potential issues, you should contact at least one local DUI defense attorney to discuss the facts of your case, possible defenses and likely outcomes. Your issues range from reasonable suspicion to initially contact you in your driveway to the blood test, each point along the... Read more »

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3 Answers | Asked in DUI / DWI for California on

Q: my 18 year Son got a citation for Xanax in his car - he doesn’t know where it came from. What should I do ?

Police asked to search his car and he agreed. They found Xanax - he doesn’t own it or use it. Citation for court date in August- he’s 18 years old no misdemeanor.

Mr. Hudson Thomas Bair answered on Jul 3, 2019

Hire a lawyer, they can review the case and determine how best to defend the case, there are likely problems with the evidence.

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2 Answers | Asked in DUI / DWI for California on

Q: good morning, I am currently fighting a dui, by myself, taking it to trial on the basis that the ALCOHOL PREP PAD that

the nurse used, heavily I might add, on my arm PRIOR and immediately before piercing alcohol soaked area w/syringe & drawing blood. now. can I have a test done to where I go have my blood drawn twice, one in each arm, and one w/alcohol pad & the other w/o. AND take the astonishing 27 days before... Read more »

Mr. Hudson Thomas Bair answered on Jun 24, 2019

Assuming an alcohol swab was used to clean the site (usually they don't use an alcohol swab) you will need to contact a forensic toxicologist who has a lab or has a relationship with a lab to conduct the experiment. Of course, just because you create such an experiment doesn't mean a judge will... Read more »

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1 Answer | Asked in DUI / DWI for California on

Q: Statutory DUI laws prior to 2009 in California.

July 2009 is when Calif courts reliquished controll or juristiction to DMV on all DUI enforment of statutory laws. Prior to that the Judge decided all aspects like school, interlock dev. Ect. DMV now says it has jurisdiction over cases even prior to 2009. Ex Post Facto comes to mind. Is this true?

Mr. Hudson Thomas Bair answered on Jun 23, 2019

The DMV has always had jurisdiction over licensing matters, nothing changed in 2009.

6 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for California on

Q: Dui accident on 06/13/19 , charged with involuntary vehicular manslaughter/ great bodily injury in,San Bernardino county

Accident was caused by , the negligence of a semi truck driver makeing a sudden illegal u-turn .

Clearly marked "NO U-TURNS"!

In a marked 50 mph zone.

Mr. Hudson Thomas Bair answered on Jun 16, 2019

Depending on your income and assets, you may qualify for a government lawyer, ask for a referral to the public defender when you appear in court the first time.

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3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for California on

Q: Pro bono ?

Dui (drugs) / great bodily injury/ involuntary vehicular manslaugther.

Pro bono attorney in San Bernardino , Ca.

Mr. Hudson Thomas Bair answered on Jun 16, 2019

Assuming you are asking a question about defending the criminal charges (you don't actually ask a question), you may qualify for the services of the public defender, a lawyer paid by the government to defend people charged with criminal offenses.

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2 Answers | Asked in DUI / DWI for California on

Q: What is the process of getting your drivers license back after being revoked. Lived in Illinois now in Texas.

yes this was a DUI. person served time in jail and prison, met his drug and alcohol classes been off parole for 2 years. Needs his

license for work. Currently walking to work. Where do we begin?

Thank you

Mr. Hudson Thomas Bair answered on Jun 13, 2019

Assuming your DUI conviction and license suspension is based on an incident in CA, you need to call California DMV Mandatory Actions Unit (1.916.657.6525) and ask them how to reinstate your CA driving privilege (if you had a non-CA drivers license) or get your CA license reinstated,

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3 Answers | Asked in DUI / DWI for California on

Q: Had 2 drinks, car was parked, was sleeping, police knocked on window motion to roll down. Gave sobriety test then ask ,t

take breathalyzer ask if I had to he said no, I only said ok and then was arrested.

Mr. Hudson Thomas Bair answered on May 8, 2019

OK, I understand the underlying situation, do you have a question?

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2 Answers | Asked in Car Accidents and DUI / DWI for California on

Q: Am I liable to pay for someone else DUI fees and other fees when registering a salvage title car?

My brother just bought a used car from a site like Craigslist. He went to go register it and found out it has DUI fees and other penalties from the original owner(I have a picture). Is he really liable to pay those?

No contact was signed besides a bill of sale and they did have the title on... Read more »

Mr. Hudson Thomas Bair answered on Apr 10, 2019

It depends on the terms of the contract.

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2 Answers | Asked in DUI / DWI for California on

Q: went to dmv to get my license was told i had to complete 18 month sb38 is there anyway around this in california

Mr. Hudson Thomas Bair answered on Apr 9, 2019

No, probably not, you can call Mandatory Actions, 1.916.657.6525 and ask directly but it's unlikely unless you live out of state.

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2 Answers | Asked in DUI / DWI for California on

Q: I have a suspended California driver’s license, for my 2nd DUI.

Nothing additional

Mr. Hudson Thomas Bair answered on Apr 7, 2019

Probably not, if TX knows you had a CA license and that license is supended, you will have to clear the hold. Call Mandatory Actions in Sacramento, 1.916.657.6525, they will tell you want needs to be done to clear the suspension.

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1 Answer | Asked in DUI / DWI for California on

Q: what is the penal code for DUI in ca.?

Mr. Hudson Thomas Bair answered on Feb 5, 2019

It isn't part of the Penal Code, it's codified in the Vehicle Code, there are several sections.

5 Answers | Asked in DUI / DWI and Car Accidents for California on

Q: How do I get someone's insurance and driver license after an accident after he is arrested?

Another car and I were involved in a car accident by a guy who was speeding 80mph. I was hit first, then he tired to get away and hit another car, and then he tired to get away but he only got half a mile before crashing into a school. This happened at night so no students were around.... Read more »

Mr. Hudson Thomas Bair answered on Jan 19, 2019

Call the police, if the driver was arrested they will have the information you need. You should have "uninsured motorist" coverage which will help you if the other driver is uninsured, there is also a restitution process that may be initiated if the other driver is found guilty of a criminal... Read more »

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2 Answers | Asked in DUI / DWI for California on

Q: I blew through a breathalyzer, but was not told what my BAC level was? the same thing happened at the station

I was stopped for a suspicion of drunk driving at 3:30 am. I had a mixed drink at 11:00 pm and two beers after that. I felt completely sober (and I do understand how alcohol could still be in your system even if you don't feel it). I thought I passed the sobriety test since I did everything... Read more »

Mr. Hudson Thomas Bair answered on Jan 15, 2019

You should contact a local DUI Defense Attorney to discuss the facts and possible defenses. Many DUI Defense lawyers offer free consultations, if you were sober and did well on the field tests a lawyer should be able to use that to your advantage.

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2 Answers | Asked in DUI / DWI for California on

Q: What will happen to my insurance with a wet reckless?

Mr. Hudson Thomas Bair answered on Nov 16, 2018

Your results will vary depending on who your insurance company is and the DMV outcome. If you get a "wet" reckless in court but lose the DMV hearing you will still be required to file an SR-22 which will trigger additional consequences with your insurance company. You should discuss this with... Read more »

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2 Answers | Asked in DUI / DWI and Traffic Tickets for California on

Q: DUI Suspended License

In June of 2012 I was pulled over by Monterey Country Sherrifs I was only supposed to get an infraction for Swerving in the road. The Officer said that he was going to let me go and not get my vehicle towed to call a licensed driver to pick up my car. I was very honest with him in regards to having... Read more »

Mr. Hudson Thomas Bair answered on Oct 17, 2018

It's hard to answer your question because you really aren't asking a question. If you were arrested for DUI then you should consult a lawyer as quickly as possible since you have rights that will "expire" within 10 days of your arrest. Despite the fact that your license is expired you can... Read more »

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