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Questions Answered by Mr. Hudson Thomas Bair
3 Answers | Asked in DUI / DWI for California on
Q: Can a truck be towed on private property after arrest of dui. Car was parked, car wasn’t on. No keys in ignition.

Person was arrested for dui, trucked parked on private property. Person wasn’t caught driving. Sitting in his truck at liquor store. Now tow is $500 today .

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 21, 2020

Generally, parking lots (while being privately owned) are deemed "public" and are subject to enforcement of laws as any public area. While the officers could have left your legally parked car alone, they also have the authority to tow it, and your case, they did.

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3 Answers | Asked in DUI / DWI for California on
Q: What are the charges for accidentally killing someone while drunk driving?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 17, 2020

The prosecutor can proceed with either manslaughter or murder charges based on the facts and the jurisdiction.

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5 Answers | Asked in DUI / DWI for California on
Q: What is Max prison time if convicted of a drunk driving w/ great bodily harm charge?

How early can you get out of prison on this charge if you have good behavior?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 17, 2020

As the answers reflect, the duration of prison, if any, depends on the facts of the case and the final settlement or outcome following a trial.

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4 Answers | Asked in DUI / DWI for California on
Q: dui help

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Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 16, 2020

Unless your name was provided to law enforcement, how would they know to question you? If law enforcement does contact you, retain counsel, your responses can create legal problems for you.

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1 Answer | Asked in Civil Litigation, Collections and DUI / DWI for California on
Q: Can I get access to information about how much money various state agencies have collected from a felony DUI offender?

I was a victim of a felony hit and run drunk driver. He rear ended me on the freeway while I was going 65 mph causing injury. The county commanded custody of restitution payments. I was awarded around $7k in a court order. The county has sent me two payments over a 12 year period totaling about... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 23, 2020

Why would the State of California collect "child support, etc.?" Generally that is paid to the person caring for the child. Maybe a person in your other category "Civil Litigation/Collections" can shed some light on this for you.

2 Answers | Asked in DUI / DWI for California on
Q: I got a DUI in California 21 years ago.

Right after I got a DUI in Monterey County California I left the state and moved to the east coast where I have lived since then. When i got the DUI I had recently gotten out of the Marie Corps and didn't have any money to pay fines. I am a 100 percent Disabled Veteran. I was injured in a... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 17, 2020

You have two ways to go, come to CA and handle the case or call some local DUI defense attorneys to help you out. The delay between filing and now prosecuting the case will probably create significant difficulties for the government to get a conviction. However, the DMV is a different situation,... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: Got dui Didn’t complete classes Warrant issued 8 years later caught What will likely happen in court when I show up

Reinstate me or jail time for running 8 years without handling it?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 8, 2020

How was the warrant served? Were you driving and stopped by law enforcement? If that is the case you were probably driving on a suspended license which is a more serious offense. You should definitely contact a local lawyer.

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2 Answers | Asked in DUI / DWI for California on
Q: My arraignment was 00 bail and alcohol 00. Eighteen month later without my knowledge they increased my bail to 5,000

I was not to appear in court when they transferred my Jury trial treading to Temicula ca. I was not informed of this bail.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 8, 2020

Under these facts, the new bail amount isn't legal, assuming no bail was determined to be necessary at your first hearing and there has been no "change in circumstances" since.

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2 Answers | Asked in DUI / DWI for California on
Q: I marsdins my court appointed public defender twice but was denied. What can I say or do he disrespects me.

Three months into my DuI case he was sighed into the Bar association.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 8, 2020

It sounds like the court disagrees with your assessment of your attorney, your next option is to talk to the lawyer's supervisor or hire private counsel.

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3 Answers | Asked in DUI / DWI for California on
Q: Can my DUI case be dismissed if I was not legally arrested. The officer stated on the supplemental/ narrative report I

The report states he gave me field sobriety and blood test. This is a false statement no test were taken. The warrant was not signed or approved.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 8, 2020

You need legal assistance, if there are problems with the warrant you will need a lawyer's assistance to fight the warrant, especially if this is the only "direct" evidence against you. There may also be video evidence supporting the absence of field tests, a violation of the... Read more »

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3 Answers | Asked in Child Support, DUI / DWI and Family Law for California on
Q: My ex has 2 DUI from not long ago and i just filed for child support. He claims this will send him to jail, is this true

Our child is currently one and throughout this time the father only shows up to see him 2-3 times a month for about 15 minutes. The financial support is in the form of formula and diapers and almost always comes from the fathers dad. I filled for child support and he is claiming that due to his two... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 22, 2020

I don't think he can go to jail if a family court orders child support. If he violates that order he could have additional problems, including loss of driving privilege. But, he can get the order modified if his income changes so it's really up to him to keep on top of the child support order.

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2 Answers | Asked in DUI / DWI for California on
Q: Can DMV just throw whatever amount of months they want me to do in alcohol and traffic classes if I served jail time.

2cd dui 18 years ago. Served 6 months in jail came out time served with nothing on me. Dui's are not on driving record. Iv never had a lisence at all. Dmv says oh wow ok just give me 3 months of classes then reinstate. A bit excessive on the punishment? I was never court ordered anything .... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 15, 2020

Perhaps, there's more to this than just the question, a first offense DUI usually doesn't result in actual jail time without aggravating facts. In truth, a first offense requires a DUI program in order to get your license reinstated (or, instated).

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2 Answers | Asked in DUI / DWI for California on
Q: I was charged for a 3rd dui on october 2019 i was supose to be sentenced in April can they still make me go jail

Is there anyway i can avoid jail since we are in covid 19 pandemic.

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

Your lawyer knows the most likely outcome. Many counties require actual jail time for third offenses, Los Angeles is well-known for being over crowded and for sentences being completed well before the actual release date. Your lawyer may be able to ask for a sentencing alternative and you may... Read more »

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4 Answers | Asked in DUI / DWI for California on
Q: recently got a dui marijuana, I was given my license back after the arrest, do I need to schedule a dmv hearing?

an attorney I spoke to said I do not need to because they gave me back my license and I would like to know if that is true. they did not give me a pink slip that says my license would be suspended, so I'm assuming that is true. please let me know.

thank you all, your answers have been... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 31, 2020

Confused? DUI conviction or arrest? If simply an arrest, then no worries unless you are convicted under any section of Vehicle Code 23152, then you have a problem at the DMV.

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2 Answers | Asked in DUI / DWI for California on
Q: If found innocent in court of dui am i still responsible for emergency response bill
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 28, 2020

Probably, if you weren't drunk the statute permitting the emergency response costs doesn't apply

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2 Answers | Asked in DUI / DWI for California on
Q: I was charged with dui even though i was NOT intoxicated. Do i still have to pay emer. response bill if found innocent?

if found innocent in court am i responsible for emergency response bill even though i was in a accident by myself.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 28, 2020

The statute can't apply to your situation unless you are under the influence, which a "not guilty" verdict would present.

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4 Answers | Asked in DUI / DWI for California on
Q: I am being charged with a DUI and the city sent me a bill to cover expenses incurred by the P.D Emergency response. $806

I am going to court for this and have NOT been found guilty. Ive asked, e-mailed, and even wrote a letter to the city to stop harassing me. They continue to send letters stating that they will begin collection proceedings if i dont start making payments. What can I do?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 28, 2020

Until you're convicted you can fight the bill, the recovery of costs is only triggered when the accident is caused by a person driving under the influence.

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2 Answers | Asked in Child Custody and DUI / DWI for California on
Q: My ex got a DUI with my child in the car. Will I be affected My custody?

My child isn’t his child. But he is Raising him as so. He is not adopted. So legally, my child is nothing to my ex.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 23, 2020

Possibly. Your ex'es decision to drive with your child in the car may adversely affect both his DUI case (if the child is 14 or younger) and the custody of your child. If the father of the child decides to challenge your custody or custody is still an outstanding issue (meaning, not final)... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: What does “credit for time served of 2 days plus 2 days good and work time for a total of 4 days.” mean?

I wasn’t told I would have to do work release for my DUI, but everyone I know that was convicted of DUI has had to do work release.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jul 23, 2020

It means you did two actual days (2 actual days can actually be some of one calendar day and some of another, arrested Friday released Saturday would do it) and by statute, you get one day "good time credit" for each actual day you did. Government math for jail, too bad government fines... Read more »

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3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Small Claims for California on
Q: Is there a way to get alerted when a celebrity court case is filed?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jul 2, 2020

Probably not, if the arrest makes the news, then I guess you could follow-up with visits to the courthouse on a regular basis to see if the case has been filed. Otherwise, you can probably follow the press coverage, they will likely publish the arraignment court date, there are people who make a... Read more »

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