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Questions Answered by Mr. Hudson Thomas Bair
1 Answer | Asked in Car Accidents and DUI / DWI for California on
Q: After an accident can a cop make me take a blood test after submitting to a breathalyzer at the scene? I wasnt arrested.

This is meant to clarify my previous question which Dale S. Gibow was kind enough to answer. Thank you.

I think his answer told me yes because my breathalyzer was voluntary but i wasnt arrested after doing field sobriety tests and breath test. I apologize for not fully comprehending the answer.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jul 5, 2021

If you aren't arrested, there are no legal grounds for requiring a blood test as "implied consent" is triggered upon arrest. If you are arrested, you must consent to a sample of your blood or breath, if you don't the officer can request a search warrant and obtain a sample or... Read more »

2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: Can an officer make me submit to a blood or urine test after an accident if i passed a breathalyzer in Ca.?

I rear ended a car that was stopped on a dark part of a highway with its lights off in Half Moon Bay (San Mateo county). The other driver just screamed at the top of her lungs until she was in an ambulance. Paramedics told me shes perfectly fine, just in shock. Naturally they suspected i was at... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jul 5, 2021

Rear-ending a car is enough for the police to investigate the cause of the accident, if they think that impairment was a cause of the accident they can further investigate the sobriety of the driver(s) involved. If you were arrested (and a subsequent question suggests you weren't) you could... Read more »

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5 Answers | Asked in DUI / DWI and Employment Law for California on
Q: I am applying for teacher credential and my.dui paperwork shows pled nolo contendere and got probation misd DUI.. put?

Sorry for condensed above. I don't know if I have to put convicted of 23152ab or my plea shows pled not guilty.. nolo contendere. Then shows I was assigned probation. I just want to input everything correctly

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 17, 2021

Yes, you were convicted of a DUI, a plea of "nolo contendre" is a plea of no contest which the judge should have advised you would be accepted as a plea of guilty by the court. Which count? Only you, your lawyer, the court or your paperwork know the answer.

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2 Answers | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for California on
Q: My husband was arriving in 11/18 I hired a lawyer he did not help my husband he wanted him to plea guilty,

What options does he have,he was assaulted by the arresting officer

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 5, 2021

He can, and should, contact another lawyer for a second opinion before resolving his case.

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How can i get a hardship drivers license or some kind of restricted license to work if i have never had one?

my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 4, 2021

You should call Mandatory Actions (1.916.657.6525) they should be able to tell you whether you are eligible for any sort of license, although in my experience you will likely be unable to get a license until you complete the program.

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2 Answers | Asked in DUI / DWI for California on
Q: In California, what is the statute of limitations for a misdemeanor DUI with marijuana?

After googling I found it’s a year but I wanted to be 100% sure because today marks a year and I don’t know where to go from here:

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 1, 2021

Assuming you're correct and it's a misdemeanor, the statute of limitations is one year from the date of arrest. You should call the court and confirm that no charges have been filed, tomorrow.

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5 Answers | Asked in DUI / DWI for California on
Q: Did I get screwed with my plea bargain deal?

First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 3, 2021

It's impossible to know whether your "deal" was good or bad as it depends on the facts of your case. Simply because you had a low blood alcohol concentration doesn't mean your facts were good, there are many "enhancements" that increase the potential punishment for a... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: DESPERATE NEED pro bono help Sonoma court, I'm in Reno DUI OF rx meds PASSED ALL FIELD TESTS Not allowed Public defense

14 months ago I was WRONGFULLY arrested for DUI of RX medications (under supervision of all DOCS involved) 100% PASSED EVERY field sobriety test performed and was still arrested. I am a 63 yrs old female and a business professional my entire life, mostly for CVS pharmacy, rarely drink or a parking... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 21, 2021

Bring documentation supporting your financial situation and ask for a Public Defender. Be advised that simply because your taking prescription medicines doesn't prevent the prosecutor from moving forward with DUI charges, even prescribed drugs can "influence" your driving, hence,... Read more »

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4 Answers | Asked in DUI / DWI for California on
Q: Can a lawyer get my hospital and morgue class dismissed since they were delayed and I'm now out of state due to COVID19?

I was convicted of a DUI in May of 2019 and I've already completed my alcohol classes, my community service, MADD, paid all my fines, and had a restricted license and a breathalyzer for 6 months so now the DMV reinstated my full license. The only thing I have left to complete is my Hospital... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 9, 2021

A lawyer can make that request on your behalf, the rub is whether the judge will actually make the modification.

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3 Answers | Asked in DUI / DWI for California on
Q: I was arrested for DUI's and my blood test was left on the dumpster at the hospital the officer had to go back and

Can this be thrown out .

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 5, 2021

Probably not, however I had a case similar to yours (the officer left the sample on the roof of his car) and the prosecutor decided to spare the officer the embarrassment of telling the story in front of a jury by making an offer my client couldn't refuse. Hire a lawyer and see what happens.

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3 Answers | Asked in DUI / DWI for California on
Q: I was arrested for DUI and was held in jail for 72 hrs without seeing a judge do they have to drop charges for violating
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Dec 30, 2020

That's probably not going to do it for you. The 72 hours depends on numerous factors; you should probably contact a DUI defense attorney to discuss that possible issue and others relating to the stop, investigation and subsequent arrest.

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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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