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Lynn Gorelick

Lynn Gorelick’s Answers

56 total


  • Can the 15 minute period of continous observation for breathalyzer test begin during transport to the police station?

    I was arrested at 7pm and the police report states that the period of observation began at 7pm until 7:16pm which was while I was being transported to the station. I was given a breathalyzer test a few minutes after arrival.

    Lynn’s Answer

    In California, there is case law that allows the observation to be done in a number of ways. This includes one officer beginning the observation, followed by another officer concluding the observation. The observation does not have to be done by the officer who administered the test.

    You should consult with an attorney who specializes in DUI law in your ares. There are a number of methods to determine the accuracy of the observation period that include obtaining the dispatch transmissions related to your case, as well as the records of the machine that you were tested on. The 15 minute observation period is only one of many issues that present themselves when defending a breath case in California.

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  • Can I leave the state on a first time D.U.I charge?

    I have been to court already for the first time D.U.I., started all necessary classes and community services, but I haven't been assigned a probation officer yet, I need to know if I can leave the state for a family reunion coming up in July?

    Lynn’s Answer

    Depending on the laws of your state, you may be able to leave the state without permission. I would review the terms and conditions of your probation as provided by the court. A call to the probation department that you will be assigned to may offer more insight. I do not practice in your state. You should consult with an attorney familiar with DUI laws in Colorado.

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  • What are my rights at DMV APS hearing?

    Ok I was arrested for a dui while sleeping in my car ( keys on pass floor board)I had 3 shots drove about several miles down the road. my arguement was that in 30 minutes my bac could not have been above .08. 3 hours later my bac was at .12. I was...

    Lynn’s Answer

    The DMV does have a right to continue the hearing, but only for good cause, as Mr. Mueller indicated. An attorney representing you would know how to object to these illegal continuances. From your post, it appears that, not only was the case continued inappropriately, but also, there are other more complex issues about whether or not the officer had reasonable cause to believe that you were DRIVING a motor vehicle with a blood alcohol of over .08%. This is the third issue that the DMV must prove to suspend your license.
    I agree with Mr. Mueller that, in most cases, we do not have our clients testify. The testimony that you would provide will, without adequate preparation and knowledge of all issues, generally be used against you.
    I strongly suggest that you contact an attorney in your area, perhaps Mr. Mueller, to assist you with this situation.

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  • Can I get my license reinstated before the suspension is up?

    I recieved my DUI in 2004 i never paid the fines required by the ARD program. I got caught driving under a DUI suspension and served 60 days in work release. Before the actual hearing I got caught again . I thought if I got caught driving it would...

    Lynn’s Answer

    Depending on which state you are in, there are often ways to have your previous probation modified to allow you to have your license reinstated on a restricted basis. You will have to consult with a DUI expert in your area to provide you with accurate information about your options.

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  • Need at least a restricted license for work and meetings in VA. DWI and reckless driving in NC. How do I get a license here?

    Driving through Sampson County, NC; was living in Orange county at the time. I was stopped by an officer, had 0.23 BAC. Spent a total of 3 months in jail which forced me to move in with family living in VA. Now I have no mode of transportation sav...

    Lynn’s Answer

    All states DMV records are interlinked via the interstate compact. You should check with the VA department of motor vehicles regarding your ability to obtain an license there. You may need to clear your California license issues prior to receiving a VA license. You can contact the California Department of Motor Vehicles Mandatory
    Action Division and see if, as you no longer live in California, you can obtain a waiver of California requirements to lift any holds that my exist.

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  • What are the consequences for aiding and abetting a dui/dwi?

    My boyfriend and I were at the bar with a friend of mine on July 1st. We didn't want to walk home that night so my boyfriend drove my car home , he forgot to turn the headlights on and we got pulled over. The cop asked me a bunch of questions that...

    Lynn’s Answer

    Although I practice in California, and the law are different state to state, you should contact an attorney in your area who is a DUI specialist. Certainly, keeping your record clean is of paramount importance.

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