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Bay Area Criminal Defense Blog

Useful updates and observations by Attorney Lynn Gorelick from the trenches of the criminal courts in Alameda and Contra Costa County, California.

Can the Police Search Your Car for Drugs?

Posted by Lynn Gorelick | May 26, 2016 | 0 Comments

Many of us know someone who has had a bad run-in with the police. Even if they weren't doing anything wrong, the police may have gone too far, making them feel like criminals. You have the constitutional right to be free from unreasonable search and seizure. The police also have rules they are su...

Actors Facing DUIs Get a Dose of Reality

Posted by Lynn Gorelick | May 25, 2016 | 0 Comments

Drunk driving arrests can affect anyone. Every day, lawyers, teachers, and even Hollywood actors get arrested on suspicion of driving while intoxicated. In some cases, those actors have played roles that make it especially ironic when they are pulled over and taken to jail on suspicion of drunk d...

How Much is Too Much to Drink?

Posted by Lynn Gorelick | May 24, 2016 | 0 Comments

After someone has a few too many drinks, it can be difficult to convince them that they've had enough. It may take until the next day when a hangover takes hold they admit that they had too much to drink. Having too much to drink may not be a big deal if the individual has a safe place to sleep o...

Do Scared Straight Programs Work for California DUIs?

Posted by Lynn Gorelick | May 12, 2016 | 0 Comments

Scared straight programs are intended to show individuals the dramatic consequences of drunk driving. This could include staging a fake accident scene, having family members talk about losing a loved one, or even a visit to the local morgue, to see the most extreme examples of what can happen aft...

FedEx Driver Under the Influence

Posted by Lynn Gorelick | May 11, 2016 | 0 Comments

Package delivery service drivers are under a time crunch to get their packages delivered to waiting customers. Some drivers may be going over the speed limit, rolling through stop signs, or taking chances on the road to empty their delivery truck on time. However, in some cases, the drivers are b...

Roadside Marijuana DUI Test Coming Soon

Posted by Lynn Gorelick | May 05, 2016 | 0 Comments

As more and more states pass legislation to allow the use of recreational marijuana, lawmakers are looking to make it easier for law enforcement to do roadside tests for the presence of marijuana in a driver's body. While many groups have been working on technology to make the test both portable ...

California Moving Towards Statewide IID Requirement

Posted by Lynn Gorelick | May 04, 2016 | 0 Comments

The penalties for a drunk driving conviction depend on where you were arrested. Each state has their own DUI laws and penalties. However, even in California the penalty you receive could depend on the county where you were pulled over. Under a California pilot program, some drivers required an ig...

Suspects Put Right Back in Jail After Release

Posted by Lynn Gorelick | Apr 21, 2016 | 0 Comments

Most people see the possibility of jail time as a real deterrent. Spending time behind bars forces you into cramped quarters with other people you may not get along with. It also separates you from friends and family. However, for some individuals, immediately after being released from prison, th...

Not All DUIs Happen in Cars

Posted by Lynn Gorelick | Apr 19, 2016 | 0 Comments

Even though a DUI can occur any time of day or night, they often occur from early evening on into the early morning hours. There are increased DUI arrests during the weekend, and on certain holidays. While most DUIs here in the East Bay involve drivers behind the wheel of a car or truck, occasion...

East Bay Burglaries on the Rise

Posted by Lynn Gorelick | Apr 13, 2016 | 0 Comments

Residential burglaries are on the rise in parts of the East Bay. In Dublin, police believe the increase in area burglaries is the work of out-of-town thieves and gang members. Dublin's reported home burglaries in the month of March increased 400% over last year. Police are now looking to other ar...

Spray Paint and Driving Do Not Mix

Posted by Lynn Gorelick | Apr 11, 2016 | 0 Comments

Drinking and driving can lead to a criminal record for anyone arrested for driving under the influence of alcohol. However, under California law, it is a violation to be driving while impaired by any substance, including marijuana, prescription medication, and even toxic fumes. For drivers arrest...

Former 49er Busted for a DUI

Posted by Lynn Gorelick | Apr 08, 2016 | 0 Comments

Troy Smith had a 4-year career with the National Football League, playing his final NFL games with the San Francisco 49ers. On October 27, 2010, he became the first black quarterback to start for San Francisco, in a victory over the Denver Broncos. Unfortunately, the football star most recently m...

Marijuana is Still a Schedule One Drug Offense

Posted by Lynn Gorelick | Apr 05, 2016 | 0 Comments

Across the country, states are changing their position on marijuana as a drug. Nearly half of all states have decriminalized marijuana for medical use, with California becoming the first. More states are joining Colorado and Washington to decriminalize recreational pot use. California may decide ...

Burglary Suspect Found Asleep on the Job

Posted by Lynn Gorelick | Apr 01, 2016 | 0 Comments

It is not uncommon to feel drowsy during work hours. After the effects of a morning cup of coffee have worn off, some people even find themselves dozing off at work. Whether it was due to late night partying, cold medication, or simple boredom at work, it can be embarrassing to be caught asleep o...

When a DUI Can Lead to a Murder Charge

Posted by Lynn Gorelick | Mar 31, 2016 | 0 Comments

Every year, police make more than 150,000 DUI arrests in California. The vast majority of those are misdemeanor drunk driving arrests, and result in fines, fees, DUI school, probation, and sometimes an ignition interlock device. However, sometimes driving under the influence of alcohol or drugs c...

Try on a Drugged Driving Suit to Feel the Effects

Posted by Lynn Gorelick | Mar 28, 2016 | 0 Comments

While the rate of drinking and driving is on the decline across the country, driving under the influence of drugs may be on the increase. Drugged driving does not only involve illicit drugs like heroin or methamphetamines. Under California law, a driver can be arrested for impaired driving under ...

Drinking and Flying Don't Mix For Pilots

Posted by Lynn Gorelick | Mar 25, 2016 | 0 Comments

Many people have anxiety about flying. Although it is reportedly one of the safest forms of transportation, high-profile cases of terrorism, equipment failure, and unexplained crashes make many people apprehensive about buckling in for a flight. After a recent report of a pilot arrested for being...

Police Officers Arrested for Drunk Driving

Posted by Lynn Gorelick | Mar 24, 2016 | 0 Comments

For anyone who has been pulled over by police officers here in the East Bay, they do a pretty good job of making you feel guilty, even if you haven't done anything wrong. If you end up under arrest on suspicion of driving under the influence, many police officers show few signs of understanding o...

Stay Safe When Partying Over Spring Break

Posted by Lynn Gorelick | Mar 23, 2016 | 0 Comments

Spring break for thousands of East Bay students is almost here. It is not only a time to take a break from classes and studying. For many students spring break is a time to let loose, hitting popular party locations like Lake Tahoe, Lake Havasu, or San Diego. While celebrating with other young pe...

Social Media Users Recording Video of Their Own Crimes

Posted by Lynn Gorelick | Mar 22, 2016 | 0 Comments

In most drunk driving cases, the police rely on a combination of chemical tests, observations of the driver, field sobriety tests, and in some cases, on self-incriminating statements. However, few things could provide the police and prosecutors such strong evidence as a driver recording their own...

Don't Rely on Luck This St. Patrick's Day to Avoid a DUI

Posted by Lynn Gorelick | Mar 15, 2016 | 0 Comments

For people who enjoy festive holidays with raucous parties, St. Patrick's Day is a great time to wear your green and enjoy drinks with friends. St. Patrick's is also notorious for early and all-day drinking that can lead to problems, especially when revellers do not plan ahead to make sure they h...

Can a Car Dealership Be Responsible for a Driver's DUI?

Posted by Lynn Gorelick | Mar 14, 2016 | 0 Comments

If a car dealership hands over the keys to a driver who later gets into an alcohol-related accident, can the dealership be held responsible? Warren Smale was a 43-year-old car salesman for CarMax dealership in Ontario, California. Alex Mark Demetro, a 28-year-old man came into the dealership to ...

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