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Questions Answered by Mr. Hudson Thomas Bair
2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for California on
Q: I have a warrant out from county A but am going to be sentenced to do time in county B should I tell county A?

I have COURT for county A before I Attend county B for sentencing.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 10, 2020

This is a complicated question, you should discuss this with your lawyer, if you don't have one you will likely be appointed one when you go to court.

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3 Answers | Asked in DUI / DWI for California on
Q: Can DUI charges be based off accusations from two eye witnesses after an accident w/ no police involvement?

Here is the scenario in question:

Person A rear ended Person B going maybe 15 mph, no damage to person b car (only person a car sustained damage), person b accused person a of being intoxicated, then another person (person c) who saw it said they would act as a witness for Person B. Person... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 9, 2020

It would be extremely difficult for law enforcement to make a case for DUI without a chemical test. As you point out in your question, circumstantial evidence of intoxication can have numerous causes (including sleep deprivation). Therefore DUI charges based solely on citizen witnesses and their... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: Daughter got DUI, BA = 0.24. No one else involved. She's broke. Advice on getting time payments and community service

She crashed into a signpost, no injuries. Question refers to time payments on fine and community service instead of jail time.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 7, 2020

If she wants to settle her case she should still contact a local DUI defense attorney. A lawyer can help reduce the punishment and negotiate the terms for performance, if she qualifies a Public Defender may also be able to help her.

2 Answers | Asked in DUI / DWI for California on
Q: DUI Five way collision

Hello,

I was in a five way collision, and I was third in line. The person I hit, 2nd car, was driving under the influence and was arrested. Technically he's at fault correct? I got a mail recently where his insurance is asking for payment.. I have insurance as well, will my insurance go... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 5, 2020

You rear-ended another driver and they're at fault? I don't think so. You might check with a personal injury lawyer, my experience has been that the driver of the car in back is at fault for following closer than was safe, regardless of the driver in front's sobriety.

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1 Answer | Asked in DUI / DWI for California on
Q: in 2008 I was arrested for a dui while walking and I wasn't in the car. chp officers pulled my brother over legal?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 25, 2020

Need more facts, if you were in violation of the law, it is legal.

2 Answers | Asked in DUI / DWI for California on
Q: Got a "Notice to Appear" copy of citation @ DUI arrest that's illegible and almost blank. That legal?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 16, 2020

If you received it from the officer or from the government, it's legal, why wouldn't it be? You should prepare to appear in court as provided on the notice or hire a DUI defense lawyer. You should also be aware that you have 10 days from the date of arrest to request a DMV hearing to challenge... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I got a citation for no licence and the citation says booking required. What will happen if i dont go to booking?

I can miss booking and wait until the judge ordered it?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Dec 21, 2019

I wouldn't. The judge will ask why you didn't and depending on the response things can go from "do it" to "they have to book you into custody, that's probably the best way to ensure your booked."

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3 Answers | Asked in DUI / DWI for California on
Q: My son is 28, he got a dui in August 0f 2018 in Sacramento, CA. He paid all his fines and finished his dui classes.

He has a 2013 Hyundai registered in his name. I want to put it in my name and my insurance. Can he drive it?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 11, 2019

Yes, as long as it meets the terms of his restrictions/limitations, he may still have an Ignition Interlock Device requirement and for sure an SR22 requirement, one (or both) may need to be in place for him to drive any car.

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4 Answers | Asked in DUI / DWI for California on
Q: My brother made an illegal u-turn and chp pulled him over.i was not inside the vehicle but was arrested for dui

I was walking a block and a half away and walked up to the car that my brother had already parked that's when I was put in cuffs.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 8, 2019

I'm sure there's a question here, but I can't figure it out. If you're wondering about defending the case you should discuss the facts with a local DUI defense attorney, there are several good ones in Santa Clara County. The prosecutor has to put you behind the wheel of the car, since you weren't... Read more »

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Now that it legal to smoke weed for recreational purposes

So can I smoke a joint when I walk in the park, can I smoke on sidewalk beaches what if they catch me with a pipe or bong in public and or my car

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 21, 2019

Perhaps another respondent will have a different opinon, my understanding of the law is that smoking in public places is limited to the laws surrounding the use of cigarettes or other things people smoke. The laws surrounding smoking are both locally enacted as well statewide, probably you can't... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: What are sentencing possibilities for this situation?

My son got 3 DUI's and did a 3yr term.he has been driving on a suspended license and he was pulled over, his buddy had thrown his cigarette out the window, which got him pulled over. He had a beer earlier he blew 0.08 which is the legal limit but,the DA is trying to give him another DUI, and since... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 7, 2019

This is a complicated situation, if he is on probation for any previous DUI case the driving with a measurable amount of alcohol and driving with a suspended license are probation violations. Additionally, being .08 or above and driving on a suspended license are misdemeanor offenses in their own... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: 3 priors, sentenced ,& now blew 0.08. wondering what he looking at for sentencing WithNo tolerance law,

Could this be dropped to wet/reckless?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 6, 2019

If you are looking at a 4th offense in 10 years you are likely looking at a felony DUI which is significantly more serious, it also sounds like you are still on probation from one (or, more) of the earlier offences. Depending on the facts of your case you might be looking at over a year in jail.... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Can I get a pro bono lawyer on a dui charge??

I'm unemployed, can't afford to post bail or a lawyer.I don't think s public defender will have time to give.to my case, there's some issues with arrest. 1,I wasn't stopped, I was parked, had.blood test done hours after arrest ,some others

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 6, 2019

The pro-bono attorney you are asking about is the Public Defender and, yes, they are always very busy but that doesn't mean they aren't conscientious about the work they do for their clients.

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4 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for California on
Q: Is an accident itself probable cause to administer a breathalyzer? When officer arrived on the scene after it happened?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 21, 2019

No, but if the officer thinks alcohol was involved in your driving and accident he/she is permitted to investigate the crime and that investigation can include a breath test in the field.

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2 Answers | Asked in DUI / DWI for California on
Q: 2009 i got a dui and 10 years later i wanna take care of my classes so what steps do i need to do first or take
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 16, 2019

Call Mandatory Actions 1.916.657.6525, they can tell you what you need to do to get reinstated. You probably will need DUI School, SR22 insurance and pay some fees. You might check with the court, if a proof of completion for the DUI program wasn't filed you might have a warrant.

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2 Answers | Asked in DUI / DWI for California on
Q: I got a DUI in Arizona and I live in California. I am trying to get a restricted license to drive in California.

I completed the admin per se for Arizona but they said it's only for Arizona

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 30, 2019

Right, you probably will have to enroll in the CA DUI program, call Mandatory Actions in Sacramento they call tell you what needs to be done, 1.916.657.6525

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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
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
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
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
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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