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Hudson Thomas Bair
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Hudson Bair’s Answers

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  • DUI in India. Declared on DS-160. Moving to US during first week of April. Buying car. Car insurance declaration

    Hello, I have had a DUI during early part of 2015 in India. I have my L2 and EAD in place (after declaring on DS-160) and will be moving in during first week of April 2016. I will be buying a car and of course an insurance to go along, by defa...

    Hudson’s Answer

    Probably not, the elements for a DUI conviction in India are likely to be different than those in California and the legal process (here in the US called "Due Process") is likely different too, it would be like comparing apples and oranges and wouldn't be fair to you. But, you could contact the DMV or your insurance provider and ask.

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  • Can I get a lawyer to accompany me to a hearing at 8 am on Friday, 12 Feb. 2016?

    Need a lawyer to accompany to a hearing re: suspension of my driver's license.

    Hudson’s Answer

    It sounds like you are scheduled for a DMV hearing, not an arraignment. You have the right to counsel at a DMV hearing, you should call local lawyers and see if you find one who can help you. It isn't clear from your question if the hearing is related to a DUI or a medical issue, many of us handle both types of hearings.

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  • Can a cop give you a DUI where you were not driving or in the car while they pull you over? and will this effect my CA License

    I was escorted out of a bar where I was drinking in Munich Germany. I blew a .21 BAC once escorted out of the bar. The polizie said I had hit another car and he had witnesses. Honestly, I don't remember any hit and run.

    Hudson’s Answer

    Are you concerned about a German DUI on your California license? I'd worry about Germany and then California, I bet it's unlikely to catch up with you here but the world gets smaller and smaller everyday.

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  • My case still pending whats gonna happen after 1 yr if the da didnt file my case

    I had a dui last october. My case is still pending they say the DA has up to 1 year to file. Whats gonna happen if the DA didnt file my case after 1 year?

    Hudson’s Answer

    I think you have 9 months to go, assuming your BAC came out above the legal limit it is likely that charges will be filed. Even if charges are pending you may still have a problem at the DMV, when you were arrested did you lose your license and get a temporary license? If so, did you request a hearing within 10 days? If you received a temporary license and didn't request a hearing it is likely your license is currently suspended. You should contact a local lawyer to discuss your case and license status.

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  • Can i go down to dmv in california and get my first time liscense with a nm dui charge?

    In 2012 i got a dui in nm. I have never had a license. I am no longer on probation and i did all requirements that were court ordered. My 6 month suspension on driving privalages has long passed. The only thing i did not do is go down and get a li...

    Hudson’s Answer

    I'm not sure how it will work either. Somehow the state of New Mexico has created a driving record for you despite not having a license, this may, or may not create a problem for you in CA. You should probably go to the DMV and try, if they license you then you are fine (until NM catches up with you, if ever).

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  • Will a new CA drivers license be linked to a TX drivers license? Can TX surcharge suspend my CA license for not paying?

    I had gotten a DWI in TX in 2014, my licensed was suspended up until Nov. 11 2015. I have paid the fee for the license along with a fee for not paying my surcharge. I was under the impression since my license was suspended I would not have to pay...

    Hudson’s Answer

    If you have a valid TX license you should go to the CA DMV and apply for a CA license. Once CA has issued the license it is unlikely that TX will notify CA of the failure to pay on your TX license...but they may. If TX suspends your license and CA receives notice and suspends your CA license you may be in a bureaucratic nightmare because TX won't reinstate until you pay them, CA will keep you suspended until you pay TX AND given the efficiencies of government, they may treat the TX DUI conviction like it happened while you were licensed in CA (which, obviously you weren't) creating all sorts of extra hoops (like SR-22, DUI school, license reinstatement fee).

    While I can't advise you on the best path forward I can suggest to you that you get a CA license if you are living (and driving) in CA and you keep TX current.

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  • How does a DUI reduction conviction affect your ability to get a job in CA?

    I have a 2013 negligent driving 1 conviction from Washington State. This is a reduction from DUI. I am trying to get a student job tutoring for the semester in Ventura, CA. Will this prevent me from being able to do so?

    Hudson’s Answer

    Whether or not it will affect your ability to get a job teaching will largely depend on the criteria used to determine employment, this will vary from employer to employer.

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  • What do I expect to happen if I was pulled over for DUI in case and my out of state license had recently expired

    Pulled over for DUI day after Christmas. First offense, and not been arrested before. I had an out of state license that I noticed expired in October, I thought it was next year. I didn't have the license on me either I had my passport. As I never...

    Hudson’s Answer

    The District Attorney in Santa Clara County will likely charge you with DUI, Unlicensed Driver and Driving without insurance, the DUI is your biggest problem, however the driving without insurance is probably second as it's a very expensive ticket. You should definitely contact the Santa Clara Drivers Safety Office and request a hearing, then reach out to an experienced DUI attorney to discuss the facts of your case and what can be done to win your case, or at least mitigate the penalties.

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  • Can I take an "online" 1st offender class to satisfy only the Court requirements?

    My work schedule is prohibiting me from completing in the in-class 1st offender DUI program as required by the Alameda Court. Since I really don't need a drivers license at this time with metro public transportation on visited cities, I ...

    Hudson’s Answer

    Unfortunately, this is something you will need a lawyer to attempt. It is likely that you can get the online program to satisfy the court with the "right" facts and judge. As other responders have written, and you acknowledge in your question, you will need to attend and complete the first offender program before a California license will be issued.

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  • Is it possible to take a dui school program before my court date?

    Since i havent sentenced yet(still pending) waiting on my court date. I need a restricted license from house to work. But if i go the dui school program i dont know how many months should i take. For first dui is it 3 months, 6? Or 9 months. Is it...

    Hudson’s Answer

    You should ask your lawyer. But, assuming it's a first offense, your BAC is .14 and there are no aggravating facts, the 32 hour program should be fine. You may be able to fight your criminal case, you should contact a local lawyer and discuss defenses that might prevent you from a DUI conviction

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