Hudson Thomas Bair's Answers

First time dui, i served 6 hours at the county jail already, is there additional jail time for me?

As I understand it you were involved in an accident and when law enforcement arrived they investigated you for DUI and subsequently arrested you. Assuming that you are only facing DUI charges (and not hit and run or DUI with injury) you will likely not be facing more jail time, you may have community service or something similar but probably not more jail. A DUI lawyer in your area can help you uinderstand the possible defenses to the charges (you may not be guilty of DUI) and discuss with...

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I received a wet and reckless charge, how can I get that taken off my record?

Unfortunately, only time will remove the conviction from your driving record. In California, currently, it will remain on your record for 10 years. A lawyer can explain what you can do regarding your criminal record. Good Luck to you.

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How can I remove a DUI conviction from my record?

Your question is fairly common, we frequently help persons deal with the limitations of relief under the relevant statutes. You should definitely consult a lawyer before moving forward with an "expungement" as it has some limitations. In a nutshell, it varies from county to to county, but generally if you have completed your term of probation, and successfully completed the elements of your sentence, paid your fine, attended and completed the DUI school and done whatever time or community...

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If my dui case is not filed within a year prior to the date of arrest, will the court drop the case?

Your question seems to involve two different issues, the case in court and your drivers license. Assuming that your case is a misdemeanor DUI, the District Attorney has up to one one year from the date of arrest to file charges, after the year has passed you should be in the clear. Regarding your drivers license, if your blood alcohol concentration exceeded .08 your license will be adversely impacted by the arrest. You need to contact the DMV and determine whether or not your license is...

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2nd DUI in 2007, had year suspension, and in 18 month program...DMV has taken my license for failure to comply with DUI program?

Unfortunately, yes. Once you are initially sentenced to attend the 18 month DUI program you are given a certain amount of time to complete the program, if you fail to complete the program within that period your license will become resuspended and that suspension will last until you complete the program. A lawyer in your area may be able to help you with this problem, our office in the past has been able to help our clients who were unable to complete the DUI school within the required...

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Dui #3. Sentence:120 work furlough/80 days in jail. If I complete my initial sentence and drop out half way through

The answer to this question is "I don't know." A lawyer in your area may be able answer this question, there are too many variables, the specific Judge who originally sentenced you, the Judge you may appear in front of if you violate your probation, the prosecutor who handled your case, the prosecutor who will handle the probation violation. Have you violated probation before? How recent was your second offense? How high was your blood alcohol concentration? Why did you violate your...

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DUI #3. I'm not going to be able to fulfill my obligations for probation. Why should I start a sentence I can't finish?

I think that you should determine whether avoiding jail is a high priority, as many have written, if you fail to successfully complete your probation you will be on the hook for the balance of your jail time. This means that if you were sentenced to 120 days on a one year sentence you would owe 8 months and you would likely be at the mercy of the court as to how they would allow you to complete that outstanding time. If you can complete the 120 days of work furlough you should do it, the...

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How do i get a restricted licience for work?

In order to get a restricted license, assuming you are eligible, is to provide proof of enrollment in a DUI program, file an SR-22 and pay a license reinstatement fee. The duration of the"hard" or actual suspension will vary depending upon whether you are dealing with a first offense or more. Simply because the court didn't know about a prior conviction whether it be a juvenile prior or an out of state prior doesn't mean that the DMv doesn't know about it and is using it to increase...

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I had a DUI 1996 and another one 2007. I got my green card 2005 and next year I will apply for citizenship.

If this question is in regards to whether the State can charge your "second" offense as a second offense they can not as the earlier lawyer wrote. If your question relates to whether it is a second for purposes of applying for citizenship, it most likely is. A lawyer with experience in immigration matters can more completely and correctly answer your question as she/he will have specific knowledge that I do not have. My experience is that you will have to reveal any and all criminal...

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I got a warrant in january for not paying a first offense dui fine. what do i do?

Unfortunately, you must deal with this problem before you get picked up on the warrant. If you appear before the court yourself (without the sheriff providing the transportation) you can explain your financial situation and you may be able to work out a different payment plan with the court. Good luck.

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