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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.

SWAP Alternative to Jail in Alameda County

Posted by Lynn Gorelick | Apr 20, 2022 | 0 Comments

Serving time in jail can be very disruptive to your life. Even a short jail sentence may cause problems with your employment, education, and family life. With a jail sentence, you may be unable to earn an income, which can compound the problems and make it more difficult to get back to a normal l...

SCRAM Monitoring to Avoid Jail After a DUI

Posted by Lynn Gorelick | Apr 06, 2022 | 0 Comments

The penalties for a California DUI can be harsh. In addition to fines, loss of your license, and DUI school, there is a possibility of jail time. Minimum jail time increases for each additional drunk driving conviction. The good news is that you may be able to avoid jail time if your East Bay DUI...

Study Shows Lower BAC Law Reduced Crashes

Posted by Lynn Gorelick | Mar 23, 2022 | 0 Comments

Up until a few years ago, all states in the U.S., including California, had the same blood alcohol limit for drunk driving violations. Drivers with a blood alcohol concentration (BAC) of 0.08% or higher were per se in violation of the law and could be arrested for a DUI. However, back in 2018, Ut...

Residential Treatment Programs After a DUI

Posted by Lynn Gorelick | Mar 09, 2022 | 0 Comments

The penalties for a DUI increase with each additional drunk driving charge. After a first-time arrest for a DUI, most drivers can avoid the minimum 48-hour jail time with community service and probation. However, the mandatory jail time for a 2nd or 3rd DUI can mean jail time that could seriously...

California Extradition in Drunk Driving Crash

Posted by Lynn Gorelick | Feb 24, 2022 | 0 Comments

When thinking about extradition, it brings to mind high-level drug lords like Pablo Escobar or Joaquin “El Chapo” Guzman. Other famous extradition cases involve people who remain abroad, like Julian Assange for sexual assault charges in Sweden or Edward Snowden for espionage charges in the U.S. H...

New California Traffic Laws for 2022

Posted by Lynn Gorelick | Feb 09, 2022 | 0 Comments

Every year sees new laws going into effect as of January 1. This year, there were quite a few new laws that went into effect, including new criminal law changes and new traffic laws. Some cities and municipalities around the East Bay also had changes to their community regulations. Here are some ...

Labor Day DUI Enforcement in Alameda County

Posted by Lynn Gorelick | Oct 06, 2021 | 0 Comments

Another summer comes to a close in the East Bay. For many, Labor Day represents the end of the summer break, when kids go back to school, college is back in session, and the weather starts to turn cooler and cloudier. It also marks the end of the so-called 100 deadly days of summer, with increase...

DUIs in Self-Driving Cars

Posted by Lynn Gorelick | Sep 28, 2021 | 0 Comments

It is a violation of California's vehicle laws to  drive under the influence of alcohol (DUI). Under current laws, it is not a defense to drunk driving charges just because the driver is using a vehicle's autopilot or self-driving feature. A driver in California was recently arrested and charged ...

States Looking to Lower the DUI Threshold to 0.05

Posted by Lynn Gorelick | Aug 11, 2021 | 0 Comments

In December 2018, Utah became the first state to lower the per se drunk driving limit to 0.05% from 0.08%. Like all other states, the per se threshold for blood alcohol content (BAC) in California is 0.08%. The National Transportation Safety Board (NTSB) has recommended lowering the per se BAC li...

What Is a Watson Advisement in a Fatal DUI Accident?

Posted by Lynn Gorelick | Jul 28, 2021 | 0 Comments

Driving under the influence of alcohol (DUI) can be fatal. Impaired drivers have a greater risk of getting into an accident and causing serious or fatal injuries. A fatal car accident is a tragedy but the driver never intended to hurt anyone. However, if the driver had a prior drunk driving convi...

Amazon Delivery Driver Arrested for Hit and Run DUI

Posted by Lynn Gorelick | Jul 26, 2021 | 0 Comments

Many Amazon employees report feeling the pressures of performing on the job, with limited break opportunities, fast-paced expectations, and high pressure. When some people are stressed at home or at work, they may turn to chemical substances to unwind. When the job involves delivery driving, usin...

College Student DUIs Over the Summer

Posted by Lynn Gorelick | Jul 01, 2021 | 0 Comments

College students often come home after finals to spend the summer hanging out with friends or working a summer job. Many university students may have stayed home most of last year, taking classes online. However, now that the COVID-19 restrictions are lifting in California, young people are looki...

DUI Maximum Enforcement Periods

Posted by Lynn Gorelick | Jun 30, 2021 | 0 Comments

Memorial Day is the beginning of “100 Deadly Days of Summer.” According to Mothers Against Drunk Driving (MADD), there are a number of days during the summer that have higher than normal rates of impaired driving accidents. Generally, the summer drunk driving arrests begin with Memorial Day and e...

Supreme Court Decision on Police Searches

Posted by Lynn Gorelick | Jun 23, 2021 | 0 Comments

Law enforcement officers often try to expand their search and seizure authority. When someone's rights have been violated, the victim may have to challenge the search in court, to hold the police accountable for their actions. A recent Supreme Court ruling found police went too far in searching a...

Dismissal of Criminal Charges in Alameda County

Posted by Lynn Gorelick | May 19, 2021 | 0 Comments

A lot of people are caught up in the criminal justice system after making a simple mistake. Instead of having a criminal record that may brand you for the rest of your life, some counties are offering pre-filing diversion programs. Alameda County has been granting motions for dismissal with diver...

Increasing Rates of DUI Arrests in California

Posted by Lynn Gorelick | Apr 21, 2021 | 0 Comments

The amount of traffic on the streets and highways in Northern California plummeted after the COVID-19 pandemic hit the area in March of 2020. Traffic has been steadily increasing since that time but is still not as high as the pre-outbreak levels. However, the rates of drunk driving arrests appea...

DUI School During COVID Shut-downs in California

Posted by Lynn Gorelick | Apr 15, 2021 | 0 Comments

The state tells you that after a DUI, you need to complete an education and counseling program if you want your license back. DUI school generally requires 30 plus hours of educational classes and counseling, in-person. With so many programs shut down and in-person classes canceled in California,...

Can I Get Diversion for a First DUI in California?

Posted by Lynn Gorelick | Mar 17, 2021 | 0 Comments

Diversion programs give individuals a second chance by dropping criminal charges if the individual completes all the requirements set by the judge. Drug diversion programs are helpful for non-violent offenders who may be better served by treatment programs than time in jail and a criminal record....

Holiday DUIs in California

Posted by Lynn Gorelick | Feb 14, 2021 | 0 Comments

Romantic holidays like Valentine's Day are often celebrated with pre-dinner cocktails, a nice bottle of wine, or even some champagne to celebrate. After such a tough year, it might be nice to celebrate with a few drinks. However, if you are going to go out on Valentine's night after having a few ...

New Traffic Laws for East Bay Drivers

Posted by Lynn Gorelick | Jan 25, 2021 | 0 Comments

Every new year, there are a few new traffic laws California drivers should be aware of, or else risk a traffic stop. Even if some of these traffic violations seem minor, it is important to remember that any traffic violation can give the police a reason to pull you over. Once the police make a va...

New Year's DUI To Do List for East Bay Drivers

Posted by Lynn Gorelick | Jan 14, 2021 | 0 Comments

This page is an action plan for anyone who had the unfortunate experience of getting arrested for a DUI over the New Year's holiday. Below you will find important information and deadlines to help you avoid the most costly mistakes after a drunk driving arrest. After reviewing the information, if...

Plan Ahead to Avoid Christmas and New Years DUIs

Posted by Lynn Gorelick | Dec 21, 2020 | 0 Comments

Every holiday season, law enforcement in the East Bay are on the lookout for impaired drivers. This year is no different, even with the COVID-19 restrictions and fewer people traveling. The days around Christmas and New Year's still have higher rates of traffic accidents and impaired drivers. If ...

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