Mark Blair’s Answers

Mark Blair

San Mateo DUI / DWI Attorney.

Contributor Level 9
  1. Possible DUI - No Arrest

    Answered over 2 years ago.

    1. Colleen M. Glenn
    2. Mark Blair
    3. Amir A. Ladan
    4. Matthew Phillip Konecky
    4 lawyer answers

    This case requires much more time to answer than AVVO limits permit. Depending on whether or not other persons were injured in the accident, you may face much more serious charges than just a DUI. In addition, your statements to police seem to be unreliable as a result of severe trauma that you suffered. Your comment about drawing blood and the police remarking that your license would be suspended sounds as if you received an "admonition" or warning about a potential refusal of chemical...

    10 lawyers agreed with this answer

  2. Is there a way to get a petty theft crime (misdemeanor,1st offense) dismissed? I read about theft prevention classes.

    Answered over 2 years ago.

    1. Mark Blair
    2. Douglas Holbrook
    3. Michael Douglas Shafer
    4. Robert Laurens Driessen
    4 lawyer answers

    An alternative to diversion is civil compromise. The court has the discretion to order the prosecution "stayed" and discharge the defendant if a civil compromise is reached. The victim does not have to appear in court if there is proof of an agreement (written document), such as a declaration or affidavit from the victim. A defendant should never attempt to contact a victim either directly or indirectly. Such contact could result in other, greater charges to be filed (e.g. witness...

    4 lawyers agreed with this answer

  3. My DWI criminal and implied consent civil charges both dismissed today. Is there anything else I need to do?

    Answered over 2 years ago.

    1. Michael Terrence Walters
    2. Thomas C Gallagher
    3. Brittney Orin Ackerman
    4. Mark Blair
    4 lawyer answers

    You should ask your attorney if you have something like we do in California: a factual finding of innocence. That means: a judge, upon proper motion, can declare that you are factually innocent (a granting of the motion means that there would not even be an arrest record), in California. It is a difficult burden to meet, but you can ask your attorney, nonetheless, if such a provision exists in your state.

    5 lawyers agreed with this answer

  4. Will i get charged with dui if i had an accident?

    Answered over 2 years ago.

    1. Paul Henry Neuharth Jr
    2. Andrew Stephen Roberts
    3. David Philip Shapiro
    4. Eric Paul Ganci
    5. Charles K. Kenyon Jr.
    6. ···
    6 lawyer answers

    I hope your wife is ok. It is surprising that no police were involved, given the accident and injury to your wife. Your wife should get a copy of her medical records and find out why the blood was drawn and for whom it was drawn. Blood draws for police are permissible, but the person must first be lawfully arrested. Here, it does not seem that any police were involved, hence no arrest. In addition, if a blood draw is done for police, it must be done in a medically correct manner. This...

    3 lawyers agreed with this answer

  5. How can I go about clearing my name when narcs and cops are assuming you are gang related, they have there facts wrong

    Answered over 2 years ago.

    1. Mark Blair
    2. Ryan Michael Davidson
    3. Christian K. Lassen II
    3 lawyer answers

    I am sorry to read of this situation. You should try to record what police are doing. I mean: you should take video recordings of their actions to show the extent of their conduct. Federal civil rights statutes may be involved that can protect you. Police cannot overreach in their zeal to solve crimes. They cannot invade the legitimate privacy of a law abiding citizen. So, protect yourself by recording the conduct of the police. Then, if you can establish a pattern of misconduct, you may...

    3 lawyers agreed with this answer

  6. Can there be alternatives to mandatory sentencing?? House arrest, public service??.... Any help greatly appreciated

    Answered over 2 years ago.

    1. Justin Michael Lovely
    2. Dale Martin Savage
    3. Mark Blair
    4. John Paul Thygerson
    4 lawyer answers

    Best advice: if your public defender is not responding to you, contact his/her supervisor. Each jurisdiction may have alternatives to jail that are particular to that jurisdiction. Only someone (a local attorney) who practices there will actually be familiar with such options. You should contact such a person immediately, because it may take you time to contact the various agencies/programs to arrange for alternative custody.

    4 lawyers agreed with this answer

  7. Alcohol second offender termanation once because I walked out because I felt uncomfortable. That was 6 months. now today

    Answered over 2 years ago.

    1. Joseph Briscoe Dane
    2. Mark Blair
    3. Terry Alan Wapner
    3 lawyer answers

    You have two potential problems. First, you are in violation of your DUI probation. When you were sentenced, it is highly likely that a judge ordered you you to enroll into and successfully complete a DUI class. Second, upon your being terminated by the DUI class, the DUI class will notify DMV, who suspends your license for the remainder of the original suspension. This means: you cannot qualify for a restricted license. You should consult with an attorney, so that you can try to avoid a...

    2 lawyers agreed with this answer

  8. What to expect after First DUI and Hit and Run Charges in San Francisco

    Answered over 2 years ago.

    1. Russell A. Wyatt
    2. Chris J Feasel
    3. Mark Blair
    3 lawyer answers

    The best course of action is before going to court, your brother should try to make sure that the damages to the other vehicle have been paid or at least reported (if he has insurance) to the insurance company. Your brother's attorney should try to have the hit/run dismissed by showing that the damages have been paid. As to the sentence, in San Francisco County, as elsewhere, part of the sentence depends on the alcohol level, evidence of other crimes, and the person's prior record, if any....

    2 lawyers agreed with this answer

  9. I have a warrant for not paying my dui fine in full, am I able to get a new California State ID at DMV without getting arrested?

    Answered over 2 years ago.

    1. Jerome Jacques Haig
    2. Mark Blair
    3. Gayle Anne-Marie Gutekunst
    3 lawyer answers

    Hi. There are no guarantees that you will not be arrested anywhere, at the DMV, school, or elsewhere. The best course of action is to clear your warrant, rather than risk constant arrest. DUI classes accept payments; they also have provisions to waive fees for indigent persons. If you are in school, you can't afford a distraction such as this. Best advice: contact an attorney or, if you cannot afford one, contact the local public defender's office. Explain your situation. The attorney...

    2 lawyers agreed with this answer

  10. I was charged with a dui because nosey next door neighbor saw me take an Excedrin in my driveway

    Answered over 2 years ago.

    1. Fred B. Amos II
    2. John Paul Thygerson
    3. Dustin R. T. Sullivan
    4. Mark Blair
    4 lawyer answers

    If you have been convicted of a crime (e.g. DUI), you have a right to appeal the conviction. However, each state has time limits during which an appeal may be filed. You should immediately consult with an attorney about what you need to do to preserve your appeal (file an appeal). If you cannot afford an attorney, you should contact the local public defender's office and ask to speak with an attorney who handles appeals and writs.

    3 lawyers agreed with this answer

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