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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.

Are the Penalties for Enhanced DUIs Legal?

Posted by Lynn Gorelick | Jun 30, 2016 | 0 Comments

Most states, including California, have enhanced drunk driving penalties for higher blood alcohol content (BAC) levels. For most drivers, a BAC of 0.08% is a per se DUI violation. In California, a BAC of 0.15% or higher can lead to increased penalties. However, a court in Wyoming has voided a loc...

Using Political Connections to Get Out of a DUI

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

A DUI can affect anyone. From teachers to lawyers, actors to pop stars, and even police officers and politicians can be arrested for drunk driving. In some cases, people are arrested after trying to use their political clout to avoid a DUI arrest. Unfortunately, we may only hear about the times t...

Auto Burglaries On the Rise

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

Over the past year, police departments have noticed an uptick in automobile burglaries. From Brentwood, to Oakley, to Pittsburg, local police logs have shown burglaries involving automobiles on the rise across the East Bay. This appears to match the trend in San Francisco, which has the highest r...

Young Pregnant Woman Could Be Facing DUI Murder Charges

Posted by Lynn Gorelick | Jun 20, 2016 | 0 Comments

Candice Ooley, 23-years-old of Clovis, California, was driving her White Chevy Cruze on a Friday night down Highway 41 in Madera County. Ooley was 6 months pregnant at the time, and also under the influence of alcohol. Ooley was traveling at a high rate of speed, according to the California Highw...

DUI with Child Passengers Leads to Increased Penalties

Posted by Lynn Gorelick | Jun 16, 2016 | 0 Comments

A conviction for driving under the influence can lead to a suspended license and thousands of dollars in fines and fees. However, even if no one was injured, driving under the influence with a child passenger can lead to child endangerment charges. A DUI conviction with a passenger in the car und...

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 20, 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 18, 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 12, 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 10, 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 07, 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 04, 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 | Mar 31, 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...

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