Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Mr. Hudson Thomas Bair
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... View More

View More Answers

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... View More

View More Answers

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... View 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... View More

View More Answers

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.... View More

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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

View More Answers

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.

View More Answers

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... View More

View More Answers

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.

View More Answers

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... View More

Mr. Hudson Thomas Bair
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... View More

View More Answers

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
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.

View More Answers

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... View More

Mr. Hudson Thomas Bair
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... View More

View More Answers

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
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
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.

View More Answers

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
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.

View More Answers

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
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,

View More Answers

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
Mr. Hudson Thomas Bair
answered on May 8, 2019

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

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.