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Questions Answered by Mr. Hudson Thomas Bair
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?

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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3 Answers | Asked in DUI / DWI and Constitutional Law for California on
Q: Can a officer open my car while I’m sleep to ask me a question when I’m parked in a parking spot

After I was told to park and go to sleep

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jun 14, 2020

Police can do a "welfare check" on people in public places (like a car in a parking lot or parked on a street). If you have a legal situation that arose from such a contact, you should contact a local attorney to discuss the facts of your case, defenses and possible outcomes.

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2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: can my boyfriend and i move out of state if he got a DUI 3yrs ago?

He’s already completed everything he needed to do and paid all his fines. he just needs to get SR-22 and reinstate his license. are we able to move out of california and still be able to do so?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jun 12, 2020

Yes, he should reinstate his license prior to leaving or he will have getting a license in your new home state.

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2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Civil Rights for California on
Q: If I hit a side walk and telephone pole can another person stop me from seeking medical help?

1

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jun 11, 2020

I would encourage you to contact a local lawyer and have a meeting to discuss the facts of your case. If you were over the limit, involved in an accident and fled the scene without leaving your insurance or other contact information you are going to need a lawyer to defend you. Quite likely you... Read more »

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3 Answers | Asked in Car Accidents, DUI / DWI and Insurance Defense for California on
Q: If you get a dui at 17 with no license or insurance and get in a crash what will happen

could you go to court alone if you are turning 18 before the court date ?

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

These are significant crimes, the severity of the consequences will depend on the facts of your case. Many lawyers offer free consultations, you should contact a local DUI defense attorney and/or juvenile criminal defense attorney to discuss the facts of your case and the possible/likely outcomes... Read more »

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2 Answers | Asked in Legal Malpractice, DUI / DWI, Immigration Law and Cannabis & Marijuana Law for California on
Q: Info on Noe Mejia Calderon his ethics and moral standards
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 6, 2020

You can check the California Bar website (https://www.calbar.ca.gov/), any person who has been licensed to practice in CA is listed as is their status to practice law and any disciplinary action taken against them.

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1 Answer | Asked in DUI / DWI for California on
Q: Breathalyzer/license

So I got a dui back in 2017 I finish my courses and was told I couldnt get a interlock and was told to bring in a proof of sr22 and reissued my license but now there saying its mandatory for me to get it but I was told since it was a wet and reckless at that time I didnt need it so I'm... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 3, 2020

Call Mandatory Actions 1.916.657.6525, they can tell you what you need to do to get your license reinstated.

2 Answers | Asked in DUI / DWI for California on
Q: I have a dui charge. I haven’t been able to proceed with the things I need to do due to the covid-19. Do I have a right.

To get my charges dismissed or overturned because of this? Or am I just suppose to waste time and wait for all this to blow over?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Apr 14, 2020

The current situation is unlikely to result in either your charges being dropped or your conviction being overturned. Your question cannot be completely answered because charges being dropped presupposes that prosecution of your case hasn't started or been completed, whereas, overturned... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: What type of paperwork can show that my previous cases have closed and I have no open cases against me?

I have had 2 dui and driving on a suspended license cases in the past. Using my finger prints my FBI background check shows these cases but doesn't clearly show that these cases have ended. What type of paperwork can I ask from the court to show that these cases have concluded and that there... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 18, 2020

If by closed you mean settled, each case has a disposition order, that indicates your plea (or verdict) and sentence, you may be able to get the paperwork at any courthouse, but definitely at the courthouse where the case was prosecuted. Regarding open cases, that's what the background check... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: During the covid-19 quarantines, it says to avoid gatherings of 10 people, must I go to court? I am scared to leave home

Trying to avoid social interaction, this is a serious issue in the US.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 18, 2020

You should check the website for the court in which your case will be prosecuted, each county determines how they will handle this situation.

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3 Answers | Asked in DUI / DWI for California on
Q: What are the chances of having a 1st dui In california BAC .23 reduced or dismissed for medical reasons

.....

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

It won't be dismissed for medical reasons, you may be found "not guilty" by a jury following a jury trial. You should contact a local DUI defense attorney to discuss your medical issues and how they can be developed into a defense.

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1 Answer | Asked in DUI / DWI for California on
Q: Can I get an emergency medical hardship license and /or a restricted license as I need to go to my chemo appts.

My license was suspended in 2011 for DUI.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 11, 2020

No, in my experience there is no medical exemption to a DUI suspension. You should contact Mandatory Actions (1.916.657.6525) to determine what you need to do to get your license reinstated. Driving on a suspended license can put your car in impound, you in jail and has fines similar to those of... Read more »

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