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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.

Arrested for a DUI in Another State?

Posted by Lynn Gorelick | Jul 08, 2020 | 0 Comments

One of the nice parts about having a California driver's license is that it allows you to drive on roads across the country. However, each state, county, or even municipality may have its own traffic laws. Out-of-state visitors are expected to understand and follow those laws. If you violate a tr...

DUIs Under COVID and Backyard Barbecues in the East Bay

Posted by Lynn Gorelick | Jul 01, 2020 | 0 Comments

On Independence Day, there is generally a spike in drunk driving arrests in the East Bay. According to the Insurance Institute for Highway Safety (IIHS), July 4th is the deadliest single day for crash deaths. An average of 118.4 lives are lost in crashes on the Independence Day Holiday. 47% of th...

How to Protect Yourself After a DUI Traffic Stop

Posted by Lynn Gorelick | Jun 30, 2020 | 0 Comments

Even when a driver is following the laws, seeing police lights in your rearview mirror can fill you will anxiety. Even the safest drivers double-check their speed, and think about if they might have missed a sign or light, or wonder about their registration. The anxiety can increase greatly once ...

Can I Move Out of State After a DUI Arrest?

Posted by Lynn Gorelick | Jun 25, 2020 | 0 Comments

It is very common for a DUI arrest to occur shortly before someone has to move out of state. Getting arrested and having to deal with a criminal court case and driver's license suspension can be very disruptive to your plans to move out of state. The good news is that with an experienced East Bay...

Holiday and 4th of July DUI Enforcement in the East Bay

Posted by Lynn Gorelick | Jun 22, 2020 | 0 Comments

While a DUI can happen any time of year, the police designate certain times for increased enforcement. Increased drunk driving enforcement includes Memorial Day, the 4th of July, and winter holiday season. California law enforcement agencies are stepping up drunk driving enforcement now through t...

Arrested for a DUI (OUI, OWI) While Visiting California?

Posted by Lynn Gorelick | Jun 08, 2020 | 0 Comments

Many visitors to California are surprised to see so many police cars patrolling the streets and on the lookout for drunk drivers. In 2015, more than 130,000 DUI arrests were made statewide. Many of those arrests involved out-of-state drivers who were driving through California, tourists on vacati...

Arrested During Shelter in Place COVID-19 Pandemic

Posted by Lynn Gorelick | Jun 05, 2020 | 0 Comments

California, and especially the East Bay, has had one of the strongest responses to COVID-19 in the country. People were limited from non-essential travel, businesses closed, and large gatherings were prohibited. However, the police were still out arresting anyone they suspected of committing a cr...

Drowsy Driving and Alcohol DUI

Posted by Lynn Gorelick | May 12, 2020 | 0 Comments

According to AAA, drowsy driving may be more hazardous than drunk driving. However, drivers who are behind the wheel after not getting enough sleep rarely have to face more than a ticket for a traffic violation, or a suggestion by the police officer to “go home and get some rest.”  Drivers who a...

East Bay Stay At Home Laws and Drunk Driving

Posted by Lynn Gorelick | Apr 20, 2020 | 0 Comments

Health officials in seven Bay Area counties have extended the stay-at-home orders through May 3-7, 2020. This includes Alameda County and Contra Costa County. While some residents in essential jobs are still going to work, many are not working or working-from-home. All this time cooped up inside ...

Can the Smell of Marijuana Justify a Police Search?

Posted by Lynn Gorelick | Apr 03, 2020 | 0 Comments

A few decades ago, the police in California could bust you for having some pot. Over time, possession of a small amount of marijuana was treated less seriously, maybe resulting in a ticket. However, medical marijuana has been available in California for more than 20 years. Recreational use of mar...

Can You Get a DUI After Someone Spiked Your Drink?

Posted by Lynn Gorelick | Mar 26, 2020 | 0 Comments

It may seem unbelievable that you could end up under arrest for a DUI after having your drink spiked and attempted sexual assault. If a driver drinks a spiked cocktail, they may find themselves driving and feeling much more impaired than expected. After a DUI traffic stop and arrest, the driver m...

DUI in Orinda and License Suspension

Posted by Lynn Gorelick | Feb 19, 2020 | 0 Comments

Orinda is a great place to live, close enough to bigger Bay Area cities but far enough away to feel like a small town. With all the commuting in and out of Orinda, some drivers coming home after going out to dinner may see police lights in their rearview mirror. Even if the driver does not feel i...

Under-21 DUI in Hayward

Posted by Lynn Gorelick | Feb 17, 2020 | 0 Comments

Driving under the influence (DUI) of alcohol and/or drugs is illegal for anyone in California. However, drivers under the age of 21 are subject to more strict limits when it comes to drunk driving. Underage drivers may have to submit to chemical breath tests that are optional for over-21 drivers ...

DUI After Super Bowl Party in the East Bay

Posted by Lynn Gorelick | Feb 05, 2020 | 0 Comments

San Francisco 49ers fans will have to wait until next season to see if their team will become the next Super Bowl champs. While some fans in the East Bay were supporting the Kansas City Chiefs, the final score in Miami ended the celebration of many football fans. For both fans celebrating and lam...

First Thing to Do After a DUI Arrest

Posted by Lynn Gorelick | Jan 10, 2020 | 0 Comments

After having a couple of drinks and getting behind the wheel, flashing lights in the rearview mirror can trigger panic. Even if you are not very impaired, being nervous during a traffic stop can help convince the police officer that you are driving under the influence (DUI) of alcohol and/or drug...

New Years DUIs in California

Posted by Lynn Gorelick | Jan 06, 2020 | 0 Comments

New Year's is a time when many people try to make life changes with a New Year's resolution. This may include going to the gym, stopping smoking, or drinking less alcohol. Unfortunately, many people decide they need to cut down on drinking only after getting arrested for drunk driving.  If you w...

Lowering the Legal Limit for California DUIs

Posted by Lynn Gorelick | Dec 31, 2019 | 0 Comments

Drivers in California know that if they have a blood alcohol level of 0.08% or higher, they can face a DUI conviction. However, one lawmaker is looking to lower the legal limit in an effort to reduce drunk driving accidents. If the law is passed, California would have a lower BAC limit of 0.05% f...

Embezzlement in the California Marijuana Industry

Posted by Lynn Gorelick | Jan 31, 2017 | 0 Comments

Marijuana is a multi-billion dollar industry in California. Now that it has been legalized for recreational use, the industry will continue to expand. With so much money involved and the promise of more, the pot industry is also subject to abuse and fraud. A couple of recent arrests have tied the...

Pacemaker Data Leads to Insurance Fraud Charges

Posted by Lynn Gorelick | Jan 30, 2017 | 0 Comments

The constitutional protections against unlawful search and seizure raise serious questions given our increasing reliance on technology. The courts are confronting novel questions about what constitutes a search, seizure, and self-incrimination. Police in Ohio have recently used a suspect's pacema...

More Than a Dozen DUIs for One Driver

Posted by Lynn Gorelick | Jan 26, 2017 | 0 Comments

After the stress, penalties, and costs associated with a drunk driving arrest, many drivers make sure they never get caught drinking and driving again. Some drivers end up with a second DUI, with even harsher penalties. However, there are some drivers who end up arrested for a DUI again and again...

House on Fire Leads to Drug Charges

Posted by Lynn Gorelick | Jan 25, 2017 | 0 Comments

Recreational marijuana is now legal in California, and medical marijuana has been available for almost 20 years. Recreational users looking to save some money may try to grow the plant at home. However, it is important to know the limits of the law, as well as the safety risks associated with hom...

Driver Avoids DUI Claiming Orange Juice Was to Blame

Posted by Lynn Gorelick | Jan 23, 2017 | 0 Comments

Police officers have heard all kinds of excuses for why the driver tests positive for alcohol after a breath test. However, in some cases, those excuses may be convincing enough for a judge to dismiss DUI charges. A driver in the Midwest has had her drunk driving charges dropped after explaining ...

Expensive DUI After Driver Crashes Ferrari

Posted by Lynn Gorelick | Jan 18, 2017 | 0 Comments

Anyone who has been arrested for driving under the influence knows how expensive a DUI can be. A drunk driving conviction may result in thousands of dollars in fines, fees, and increases to car insurance. On top of that, the driver may have to pay for DUI school, an alcohol abuse assessment, and ...

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