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Lynn Gorelick

Lynn Gorelick’s Answers

56 total

  • Can police keep prescription medication for evidence

    i was stoped for dui no charges have been filed but they wont give back my medication

    Lynn’s Answer

    You should contact an attorney who practices in your jurisdiction for specifics. If the police seized your medication, and no charges are going to be filed, assuming you have valid prescription for the medication, you may be able to have it returned immediately without the consent of the prosecutor. If the charges are filed, depending on what you are charged with, your attorney, if appropriate, can file a motion to return property.

    In California, misdemeanor charges must be filed within one year of the arrest. Again, your local attorney should be able to make phone calls for you and assist in the return of your medication

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  • How do I get a restricted license in CA after I received a Wet and Reckless in 2001 and a DUI in 2009?

    I received a Wet and Reckless in 2001 and a DUI in 2009. Since the time a DUI stays on one's record increased from 7 to 10 years, both charges are now showing on my record and I am unable to apply for a restricted license until 1 year has passed. ...

    Lynn’s Answer

    As Mr. Mueller stated, you are not eligible for a restriction until the year has passed. Although there is pending legislation to change this law, the funding has not yet been approved. If it is approved, it will probably not be in place until July of 2010, which will not be helpful for you.

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  • I live in Ca. I went to renew my license today and they told me to call the rmv in Boston. I was pulled over in Boston more

    than 10 years ago. I never received any information regarding this. I was able to renew my license 4 years ago. Now they won't let me, what should I do. Is there a statue of limitations?

    Lynn’s Answer

    California's connection wit the interstate compact network, continues to change. It is constantly updated. When you were pulled over in Boston, did you have a California or Massachusetts license?

    The information you received from the DMV relates to some kind of "hold" on your license based on something reported from Massachusetts. My suggestion is that you ask the DMV to provide you with the information that they received - case number, court location etc. You can also call DMV Mandatory Action at 916-657-7780 for clarification.

    You shoud contact an attorney in Boston, who can assist you with clearing the traffic violation either by dismissal or other means, to clear the hold.

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  • Court had no record of my DUI Ticket when i showed up.

    i went to court today as stated to do on my citation. I was arrested for under 21 DUI. When i showed up at court they had no record of my citation. My license was suspended by dmv. Im wondering if its possible i can petition to get my license back...

    Lynn’s Answer

    The DMV and the court operate independently. If you didn't request an hearing within 10 days of your arrest, the DMV will have suspended your driver's license for one year. You may be eligible for a "critical need" restriction. This information is on the DMV website. You can download the application.
    The courts do not always have the information available for the date you were given when you were arrested. As you will note, from the other responses to your question, the charges are not always filed until some time after your court date. You will usually, receive a notice in the mail. Exercising an abundance of caution, you should contact an attorney who specializes in DUI to assist you. They can, without raising any red flags, contact the court to determine whether or not charges will or will not be filed.

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  • For a DUI conviction, what are the ramifications in missing the enrollment deadline of a 3-month DUI program?

    This is a question from a first time dui offender. I missed the courts dui program enrollment deadline. I'm going back to the court to tell the judge I missed the deadline and failed to enroll.

    Lynn’s Answer

    Were you represented by an attorney when you were sentenced? If so, I would contact the attorney's office and see if they can assist you in having your case added to calendar. Different courts have different policies about re-referrals.
    If you were not represented, I would consult with an attorney who regularly appears in the court you were sentenced in for advice. The best case scenario, is that you can easily take care of this your self. However, if this not the case, you should have assistance from an attorney who can help you maneuver in the system.

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  • Fis rst dui in 10 years but 4 in total

    how will i be charged

    Lynn’s Answer

    I suggest you consult with an attorney who practices DUI defense in your state. Depending on the prioribility statues in force, you may be looking at a first offense. However, if there is a greater prioribility time period, a prior may be charged. In any event, courts can sometimes consider old priors even if they cannot be charged. Schedule a consultation for accurate advice.

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  • NEW Bill SB 598 what are the chances of getting my license back before the July 1, 2010 Begin Date

    I got convicted of my 2nd dui and licesne suspended in may 2009 and I am eligible for a restricted in may 2010. I notice that the new California bill SB598 does not go into effect until July 2010. Is there any chance that I can get my restricted l...

    Lynn’s Answer

    Mr. Middlebrook's answer is accurate. The implementation of SB598 will require an independent (non-tate)source of funding. There has been no indication that the funding is or will be available. There are those who are interested in promoting this bill, but I am not aware of the funding being in place. A restricted license would only be available after July of 2010 and IF finding is provided.

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  • I received my 2nd DUI late sept 09. Can I reduce jail time or possibly get community service instead of jail time?

    I received my first DUI in april 06. I have finished all classes and everything else with the first DUI. I'm not even on informal probation anymore. I just recieved my second dui late sept 09. BAC was .21. My court date was on Friday Oct 30th in w...

    Lynn’s Answer

    The most important thing for you to do, is to consult with a DUI specialist in your area to assist you in resolving your case. There are alternatives available to jail in many jurisdictions that include, electornic monitoring and residential alcohol treatment. However, only an attorney who handles DUI cases in the Fullerton area can confirm which, if any alternative is available. You can go to the Calfornia DUI Lawyers Association webstie to find a DUI specialist in Fullerton.

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  • How do I postpone my DMV hearing?

    I was just cited for a possible second DUI. For my own valid reasons, I refused to blow at the scene. Luckily, I have a family friend that practices DUI law. He said my DUI case is extremely weak and I have a great chance of either beating it i...

    Lynn’s Answer

    You have an absolute right to be represented by an attorney at your DMV hearing. If you have not secured an attorney on the date and time your hearing is scheduled for, you can request a brief continuance to secure counsel. This are generally granted by the hearing officer assigned to your matter.

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  • I got a dwi charge careless and reckless charge and under age drinking its my first one will this stop me from joining the army

    can i still join

    Lynn’s Answer

    You should consult with an attorney in your area familiar with the policies of the courts. Generally, most branches of the military have an exclusion for persons currently on active probation. If these charges have the possibility of probation, this can interfere with your acceptance into the army. However, many times, a skilled attorney can work out a resolution for you that doesn't include probation or just a brief period of probation until all requirements of the case are completed. Call an attorney who specializes in DUI cases in your area.

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