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Hudson Thomas Bair
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Hudson Bair’s Answers

623 total


  • How to get CA DL back if doing Out of State DUI Class

    My sister got a DUI near Chico. She has since moved out of state, and needs to do the alcohol class. But she is concerned that the CA DMV won't accept an out of state DUI class, and she needs to get a license in NJ, but is worried with the CA lic...

    Hudson’s Answer

    Great question, your sister needs to call mandatory actions in Sacramento once her license has been suspended for six months. Relate the fact she's an out of state resident, they will provide her with the information necessary to clear the CA suspension, then she can move toward a NJ license.

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  • Dmv hearing after accident?

    Is it possible to win a Dmv hearing after being in an accident. Breathalyzer was taken and blew .09

    Hudson’s Answer

    Yes, its obviously harder but accidents happen to people regardless of their blood alcohol concentration. You should contact a DUI defense lawyer to discuss the facts of your case and the possible defenses.

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  • Sr22

    I changed insurance companies a week ago dues to cost. My new insurance company assured me that they also put in an sr22 in for me cause of my previous DUI. Recently I received a notice of suspension from the DMV stating that it was not in. I cont...

    Hudson’s Answer

    Well, you could ride your bike to a police station and ask them to run your license and determine whether its valid, I think the AAA can run your license, you might also ask your insurance company to run it too. Unfortunately, these are the only ways I can think of to check the validity of your license prior to contacting the DMV on Monday. Its hard to say how long it takes for the computer to change the suspension to a reinstated license.

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  • When refused to take a Breathalyzer or blood test for a DUI stop what are the penalties and what to expect?

    I was arrested for a DUI back in 2013 and was driving with a Breathalyzer in the car from previous DUI charge. I was with a passenger that was intoxicated when I was pulled over for reckless driving. I then was arrested for assumption of drinking ...

    Hudson’s Answer

    Well, you do need professional advice, you should hire a DUI defense attorney as soon as possible. Because your car had an Ignition Interlock Device in it this is at least a second offense, maybe more and probably a probation violation too (if not for being over .01, then at least for refusing to provide a chemical test), however, all is not lost, if indeed the arrest occurred in 2013 and the prosecution wasn't initiated until now you may have a statute of limitations defense or possible a failure to diligently prosecute defense. In any event, you seem to have possible defenses to the huge problems you currently face, a DUI defense attorney can probably help you. If you are found guilty, or plead guilty to a refusal, your license will be gone for the same number of years as the conviction number; i.e. 2 offense = 2 year suspension. A refusal doesn't allow for a restricted license so, you are not driving the entire time. Further, there is additional jail as a sentencing component for a refusal.

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  • DS-702. How do I obtain this form. It is for getting a restricted license. CAn some one kindly please tell me how to get this

    I need to print it out and have the DA fill it out. CAn some one please tell me how to obtain this form.

    Hudson’s Answer

    You can go to the "Drivers Safety Office" for the county where you were arrested and request it. Or, you could have your lawyer provide it to you, many experienced DUI defense lawyers have these documents in their office. However, it's not clear to me how a DS-702 will help you get a restricted license, usually they are part of a renewed Administrative Per Se hearing request.

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  • If I get my prior DUI taken off, will I be required to take the second offender course by the DMV?

    I have a DUI with a BAC of .11%. I set the DMV hearing myself and got the reports. I have a prior from 2012. From speaking to some attorneys there is several issues in the case and they tell me one potential resolution would be the prosecu...

    Hudson’s Answer

    Short answer, a DMV loss = 18mo. DUI program. Mr. Finnecy is correct, if there are problems with the case and experienced DUI lawyer may be able to parlay those problems into a DMV victory too. You should probably hire experienced counsel.

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  • Extension for signing up to a DUI class?

    I got a DUI a month ago. It was reduced to a Wet Reckless and I was ordered to pay a fine and register for a 1st time DUI offender program. I was told I had to enroll by 8/14/2015. So I tried to call on the 14th which was a Friday, and it turns ou...

    Hudson’s Answer

    Maybe, but probably not, you seem to have been proactive, if indeed you were only given a week to get enrolled even the Judge should realize that is a really short time period. You might ask your lawyer to help you with the Judge BUT, you will need to return to court.

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  • Do I need to still need to do my dui classes and get a sr22 to get my license back after having a dui for exactly 10 years ?

    I got my DUI in Dec of 05, I never got around to doing any of my DUI classes because I didn't have the funds to do so. I never got a sr22 because I never had a car after my DUI. Pretty much I didn't really drive for a while and i haven't got anyth...

    Hudson’s Answer

    Regarding the drivers license, you must complete the requirements set forth by the DMV prior to re-licensing. Depending on the jurisdiction, you may have a problem with your probation if you failed to complete the DUI program portion of your sentence, you may want to check and verify that you don't have a bigger problem, a probation violation.

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