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Thomas S. Hudson

Thomas Hudson’s Answers

17 total


  • Florida DWI Statute

    Where can I find Florida Statutes Chapter 316.193 from 1989?

    Thomas’s Answer

    Unfortunately, the online Florida Statutes only go back to 1997. For years before that, you have to go to your local law library. You might try the library at a local law school. For statutes after 1996, you should look here:
    http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0316/ch0316.htm

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  • DUI laws in ID state, getting license back

    arrested for dui 7 years ago. Had a .056 in a .08 state. I did not go to court or see a judge. I need to get my license back. Will I have to face the judge now or is there a statute of limitations? I live in Idaho and the dui was in california.

    Thomas’s Answer

    There is almost no way to resolve this issue without getting a lawyer in California and dealing with the DUI. In all likelihood, a lawyer can help a lot. First, it's possible that the police officer is not even on the force any longer. However, in most states, a blow as low as .056 would have resulted in a reduced or a dropped charge if you have dealt with it from the beginning. A statute of limitations only applies when the state has not pursued the charges against you. Normally, if you have left the jurisdiction, the statute of limitations is tolled, or stopped.

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  • Will a DUI conviction show on my US Passport and prevent me from entering Canada?

    Will a DUI conviction show on my US Passport and prevent me from entering Canada? Will DUI conviction in the US show on my passport to get into Canada when flying in?

    Thomas’s Answer

    Canada is extremely strict with respect to admitting people with a DUI conviction or any criminal records. Surprisingly for Americans, they consider DUI to be a serious crime which will prevent you from entering. If you have a DUI conviction, then you are a member of an "inadmissible class." In fact, when President Bush took office, there was some question whether he could travel to Canada because of his old DUI conviction.
    The Canadian Consulate has set up a web site to tell you how to get "rehabilitated" if you have a DUI conviction.

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  • Probable cause, search and seizure laws for DUI stops in AZ

    WHAT CAN I DO IF A COP SEARCH MY CAR WHEN I SAID HE COULDNNT THEN AFTER FINDING A GUN AND A PIPE HE THEN SAYS HE SUSPECTS DUI BUT WHEN HE PULLED ME OVER IASK WHAT FOR HE SAID SPEEDING SO SINCE HE SEARCH MY CAR THEN MADE UP A REASON TO ARREST ME TH...

    Thomas’s Answer

    When the police pull you over, they must first have grounds for the stop. The constitutional requirement is for "Reasonable Articulable Suspicion," sometimes referred to as "grounded suspicion." However, if the stop is good, that is, if the stop was for speeding or running a red light, and the officer then smelled alcohol and thought your speech was slurred or there was other evidence of impairment (maybe a beer in the cup holder?) then he may have a basis to investigate further.
    Case law says that when the police have "probable cause" to believe that you have been driving while impaired, then they can (1) arrest you, and (2) perform a "search incident to arrest." In addition, there is case law which basically says that, because your blood alcohol will decrease with time, there are "exigent circumstances" which would justify taking your blood.
    It's kind of complicated, but as always, the police hold most of the cards.

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  • DUI

    What happens when you've been on probation for a DUI for 6 years and then you get a DWLS. You go to court in that town and pay $350. Then, you have to go to the DUI court for a probation violation of DWLS, and the judge says you have to do 30 ho...

    Thomas’s Answer

    Keep a record of the efforts you have made to fulfill the conditions of your probation. The law requires that violations of probation be "willful." If you can show that you made reasonable efforts to comply, you should be ok. It certainly isn't double jeopardy, since the violation is just the continuation of the first case. Good luck.

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  • Charged with DUI when not driving

    I was arguing with my friend over who would drive the car home. I was holding the keys, but we were outside in the parking lot of the bar. Before we settled it, cops made us both take a breath test. My friend passed; I didn't and they charged m...

    Thomas’s Answer

    Different states have different definitions of what constitutes "driving" or being "in actual physical control" of a vehicle. However, it's my experience that there are very few juries who would convict on the fact situation that you have submitted, no matter what the law says.

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  • Penny and breathalyzer

    I have heard that putting a penny under your tongue can throw off the breathalyzer. Can any offer advice on whether this works?

    Thomas’s Answer

    Absolutely not!! It is an old wives tale. However, there is considerable evidence that your breath pattern before you blow can affect the breath test result.

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