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Lynn Gorelick

Lynn Gorelick’s Answers

56 total


  • How much jail time will I need to serve if I take the deal?

    Third time DUI. Offer is 180 days. Public defenders have different answers.

    Lynn’s Answer

    The answer to your question depends on the date that you are sentenced. The law has changed the credits that you are entitled to receive for custodial time. The original calculation was for every two days you served, you would receive credit for one day. On 1/25/10, the calculations will be two days of credit for every four you serve.

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  • Arrested For DUI in Dec 2003 in Santa Clara County,CA. Non US national. No longer in USA. Complex Case. Need advise/help.

    I was arrested for Drunk Driving on Dec 09th 2003 and was charged with VC 23153 (A) according to the discharge paper that I received when I was released.Was asked to appear for hearing-appeared but the date moved to a later date.For work I was tra...

    Lynn’s Answer

    The issues that you present require the assistance of an immigration attorney as well a DUI attorney to assist you court. In order to return to the U. S. without concern about the possibility of being arrested, you will need to clear the probation violation in Santa Clara County. Your original attorney can assist you with this or, you can hire someone else to assist you. You should have an immigration attorney speak with you about how this will affect your potential re-entry to the United States.

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  • Feel Asleep at the wheel, crashed, and recieved a DUI

    I feel asleep on the freeway last night at about 2:30am, crashed and totaled my car. CHP arrived and gave me a breathalizer test, it came up .11. I am 19 and a United States Marine, still currently in training and something like this is going to...

    Lynn’s Answer

    You will need an attorney. Go to the California DUI Lawyers Association website and contact an attorney for immediate advice.

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  • Will underage drinking affect my citizenship application?

    I'm 17 and I was recently cited for underage drinking. It's my first instance of getting in trouble with the law and I'm an exceptional student, so I'm hoping to get into the diversion program after which my record will be expunged and the case t...

    Lynn’s Answer

    Your best source for answers to your questions should be directed to an immigration attorney. Although criminal defense and DUI lawyers handle alcohol related matters, green cards, immigration status and naturalization should be discussed with an expert in that area. Contact an immigration specialist in your area for a consultation. You can contact your local bar association for a referral.

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  • Does a 9 year old juvenile DUI belong on a job or insurance application if I attended a diversion program at the age of 16?

    I was arrested for DUI at the age of 16. I attended a diversion program that included attending AA, a juvenile reform program, and counseling sessions. In the 7th year after my case, the law was extended from 7 to 10 years for it to 'disappear', l...

    Lynn’s Answer

    Although a juvenile case is not considered a "conviction" if you were charged with a DUI as an adult, it can still appear on your DMV record.

    You should do two things. You should get an H6 printout from DMV. This should confirm whether or not the DUI appears on your record. If it was a true diverson, it should not appear on the complete DMV record. Secondly, as suggested earlier, you should check your juvenile record and consider having it sealed.

    Note, however, if the DUI shows up on DMV, that will remain there, even if you have your record sealed. This is regardless of the 7 or 10 year time limits that you discuss.

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  • How does a charge of public intoxication (AI) affect my record and does it effect my chances of getting a green card for the US

    I also have a DUI from 15 years ago, does this make a difference.

    Lynn’s Answer

    Your best source for answers to your questions should be directed to an immigration attorney. Although criminal defense and DUI lawyers handle alcohol related matters, green cards, immigration status and naturalization should be discussed with an expert in that area. Contact an immigration specialist in your area for a consultation. You can contact your local bar association for a referral.

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  • Got arrested for DUI, was in the car waiting for my friend to pick me up. Keys in the glove compartment. Can charges be dismisse

    I was sitting in the car waiting, in a parking area off the freeway exit. I passed all the tests except the breathliser which I blew a 0.08. The officer had me blow it twice but would not show or tell me the results, I came to find out the next da...

    Lynn’s Answer

    You do have a chance at getting your case dismissed. There are many issues that present themselves with your situation. Clearly, you weren't driving and had no intention to drive. The car was not on.
    The District Attorney may review the report and chose not to file charges.
    An attorney can contact them on your behalf. You should have received a pink form from the police which is a temporary license. You have 10 days from the date of your arrest to request a hearing to try to prevent a license suspension. An attorney can help you with this as well.
    Do not wait until the court date to seek advice.

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  • Can I go to the Police Academy and get hire after graduation if I just got a DUI?

    I was sleeping in my car and I got a DUI.I was enrolled in Police Academy and I had to cancel.I went two days in jale,enrolled to DUI class and I will be done with in January.Planing to sign up again in April but I need to know if I can get a job ...

    Lynn’s Answer

    You must contact the personnel department of each agency for which you are applying. They will certainly do a background check and find the arrest and conviction. Each agency has it's own requirements and standards. I doubt however, that, if you are on court probation, you will be accepted.

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  • My boyfriend voilated the "no alcohol" rule of his probation for dui. What can happen?

    He got a dui a few months ago and was on probation with an interlock device- he then "failed" with a BAC of 0.07 and now has a court date. I'm just wondering what usually happens when probation is violated?- it was under the legal limit but he was...

    Lynn’s Answer

    If your boyfriend was represented by an attorney on the underlying case, he should contact them as soon as possible. Depending on the original sentence, or any agreements made at the time of sentencing, there may be serious ramifications violating the court's order.
    If he was not represented, contact a local attorney well before the court date for advice about how to handle this violation.
    I would not suggest going to court without appropriate representation.

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  • On 2 year license suspension, can I get a restricted license after a year (so I was told by layman)?

    On a second DUI and a refusal to take the field sobriety tests (no blood or breath or urine) my license was suspended for 2 years. I was told that I can get a license sooner, after a year, but it has to be restricted to and from work and alcohol c...

    Lynn’s Answer

    You were suspended under the Administrative Per Se laws due to your "arrest". This is separate and completely different for a suspension for being "convicted" of a DUI. The restriction that you describe, relates only to the "conviction" suspension and, unfortunately, not to the "arrest" suspension.
    Did you have a DMV hearing? If so, depending on a number of factors, you may want to consider appealing the decision of the DMV. I suggest you contact a local attorney from California DUI Lawyers Association for an attorney in your area.

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