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Mark Blair
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Mark Blair’s Answers

43 total


  • What happens in a dwi if the officer who did the implied consent dies before trial? Also he miss dated the blood test

    The officer miss dated all of the documents about the blood test with all of them being a day after the incident. Again the officer who handled everything died. How is this handled

    Mark’s Answer

    The state has the burden of proving you guilty beyond a reasonable doubt. To do that, a prosecutor must call witnesses, and not use "hearsay". "Hearsay" is a statement made outside of court that is offered for the truth of the matter. If the officer is dead, the prosecutor cannot use the officer's report to try to convict you. You should consult with an attorney to see how you can get your DUI case dismissed. The prosecutor may have alternative means (or so he or she may think) to try to prove the "facts" as per the deceased officer's police report. Talk with a professional about your case as soon as possible!

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

    Any idea how long it takes the DMV to get the paper work done for getting my whiskey plates off and my license back to normal? Can I expect any additional costs?

    Mark’s Answer

    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.

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  • Will I serve the full 90 days of a jail sentence for my 3rd and 4th DUI?

    I took a plea for 90 consecutive days in jail for my 3rd and 4th DUI. After which I would do 6 months on work release. I would like to know if I could try for an earlier release into work release?

    Mark’s Answer

    Please immediately contact a local attorney. If you cannot afford one, you can contact the public defender's office. You should present the attorney with the facts of your case so that the attorney can evaluate what to do. There are important time limitations on issues like yours. Do not wait to contact a lawyer. In addition, a local attorney familiar with local practices could suggest if alternative means to custody exist and how you may qualify for it/them.

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  • What are the limits of what a community supervision officer(the new probation in ca) can do and cannot? Any documents on this?

    Current charge is theft related. Past offense discharged is sex offense. This officer besides checking my computer 3 times before has now sent it off to be thoroughly inspected for illegal content, depriving me of a source of income for myself 3 m...

    Mark’s Answer

    i Am sorry to read about this situation. My best advice would be to have you contact your attorney on the DUI case. The attorney should be familiar with the facts of the case and terms of probation to fashion a remedy for you.

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

    suspended and having to go back to court for a balloon breath test. Failed now what?

    Mark’s Answer

    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 violation of probation and get a re-referral to the appropriate DUI class. The attorney will not be able to get a restricted license back, unless the DUI class admits that the termination was in error.

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  • I was let go from my job in November but I am still getting full salaried pay checks. Do I let the company know? Am I responsibl

    I was let go from my job in November but I am still getting full salaried pay checks. Do I let the company know? Am I responsible for paying this money back?

    Mark’s Answer

    You should verify that you are entitled to the funds, otherwise you may have to repay them. Consult with an employment attorney asap. Bring in a copy of the check.

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  • How can I find out what some is sentenced after a DUI? I don't want to let me kids go with there mom if she has lost her license

    She is supposed to get the kids a few days after her trial date. I would assume she will lose her license since she blew well over the legal limit and has aggravated charges against her. I was also told she may even spend jail time. What rights ...

    Mark’s Answer

    Not only should you go to the clerk's office to ask what happened, but you should try to get a certified copy of a document from the clerk showing what the outcome was. That way, you can use it in your family law case, if needed.

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  • Can I speak with a Lawyer ?

    taken into custody @ dui checkpoint, printed, no miranda rights, gave blood, then released, no citation issued, but ADLRO Suspended license ,no conviction from Prosacuting Attorney,Have A review with A.D.L.R.O. on 1-16-13 for a constricted Licens...

    Mark’s Answer

    Please immediately contact an attorney. The best way to find a competent one who practices DUI defense in your area is to consult with your local bar association. A bar association is a group of attorneys who a members of an organization to promote the ethical and correct practice of law. Many bar associations have "lawyer referral" agencies. By calling your local bar association, you can explain that you wish to contact a local attorney who specializes in DUI or at least criminal defense. Many of the members of such bar associations offer free or reduce rate consultations.

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

    While under oath, the sheriff lied about my driving, made me sound like a fruitcake, and my inexperienced court appointed attorney would not let me speak on my behalf. The only thing found in my blood was depression medicine I have taken for 14 ye...

    Mark’s Answer

    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.

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

    My brother got DUI and Hit and Run charges recently in SF. Luckily no one was hurt. But now he has a court hearing. What typically happens? Does he need a private defense lawyer or can he be ok with a public defender? Will he automatically ge...

    Mark’s Answer

    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. An accident and then a hit and run are considered serious and can increase the punishment that typically would occur. Your brother should also attend AA meetings and document his attendance, or go to an outpatient alcohol treatment program. Neither of these steps is an admission of "having an alcohol problem", but rather mitigation of punishment. He definitely needs an attorney. The SF Pub Def are great, if he cannot afford a private one. But please note: there is no "automatic" leniency.

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