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Lynn Gorelick

Lynn Gorelick’s Answers

56 total


  • Wet Reckless 12-hour Program enough for Restricted License?

    I was convicted of a "Wet Reckless" and am currently enrolled in a 12-hour DUI program. I am waiting out my 4-month suspension, but am to a point where I may need the Restricted License instead. Is the 12-hour class enough for the DMV to issue...

    Lynn’s Answer

    I understand that your court case was reduced to a wet reckless. But, did you have an administrative hearing at DMV to contest a suspension ? If not, and is sounds as though you either did not have a hearing or lost your DMV hearing, the DMV suspended you for a four month period. If this is true, in order to request a restricted license after 30 days of your suspension, you will need to be enrolled in a level 1 (30 hour class) and have an SR 22 filed on your behalf. The 12 hour class is not enough to apply for the restriction.

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  • My boyfriend just got a ticket for a 2nd dui within 7 years what do we do?

    my boyfriend just got a ticket for a 2nd dui within 7 years what do we do?

    Lynn’s Answer

    In order to assure that all of the issues that arise from this arrest are addressed, contact an attorney immediately. Your boyfriend should have received a pink "Administrative Per Se" form which outlines the DMV portion of the arrest. He must contact the DMV and request a hearing within 10 days of receiveing this notice. An attorney can best advise what kind of hearing should be requested and which office the request for hearing should be sent to. Michael Kennedy, an attorney in Palm Springs, or Don Bartell, in Riverside are both good choices. Do not hesitate to contact someone to help you.

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  • Minor dui dismissed. Can i get my license back?

    I was 17 when i got my dui. When i went to court the judge told me if i finished the dui first offenders classes in 6 months it will be dismissed. Once it's dismissed can i get my license back?

    Lynn’s Answer

    When you were arrested for the DUI, were you given an temporary license. If so, did you contact DMV within 10 days and request a hearing. These questions are critical to whether or not your license can be reinstated without a request for a "critical need" restriction.
    If you did not request a hearing, there is most likely a suspension in effect on your license that was imposed, not by the court, but by the DMV regardless of court action. If this is the case, you will need to request the restriction described by Aaron Hicks - critical need restriction.

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  • Help i need a license!

    i got a dui 7 yrs ago and didn"t go to court this was in Kansas i now reside in hawaii and haven't been in any trouble, i cannot get a license what are my options? i have two small children and cannot travel back to kansas to take care of this

    Lynn’s Answer

    Contact an attorney in Kansas who specializes in DUI and licensing issues. They can often appear without you to resolve the hold on your license. California has a procedure that allows a release of a hold if you can prove that do not live there. Kansas may have something similar.

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  • Do anyone know if you have to take a written test at DMV for a dui offense?

    after completed a Dui program and getting a sr22.. taking everything to DMV to renew your Driver License, is DMV going to have you take a written test to get your driver license back?

    Lynn’s Answer

    There is no requirement for a written test after a suspension for DUI. As long as there are no other suspensions affecting your license, your SR 22 and proof of completion are properly filed with the DMV, and you pay the reissue fee, your license should be reinstated.

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  • My brother was sentenced to a 1 year residential alcohol treatment program but we can't afford one, can we get it changed?

    My brother was sentenced to a 1 year residential alcohol treatment program but we can't afford one, can we get it changed? He was charged with felony 2nd DUI W/Inj A & B, Felony H&R w/Inj, Mis H&R W/propery damage & Mis driving on a suspended fro...

    Lynn’s Answer

    I would contact the attorney who handled the case. If residential treatment was the negotiated disposition, it may be dificult to modify it to out patient. There are some programs that will accept a resident if the family can assist financially for a short period of time. You may want to consider this option. Unfortunately, the waiting list time is not unusual.

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  • I got a dui in california with a mass license does the pink slipo temp license apply to me??

    on my ticket i have a hearing date so i never called the number on the pink slip cuz i thought it only helped people with in state drivers licenses withextending their suspensions(does it apply to out of state licenses too??) ..now i dont know if ...

    Lynn’s Answer

    Technically, California does not have jurisdiction over your Massachusetts driver's license. However, it does have authority to allow people to drive, or not, in California. Whether or not you have a California license, you still had a right to have a hearing at the DMV to determine whether or not your can continue to drive in this state. When you did not request a hearing withing 10 days, you permission to operate a motor vehicle in California will be suspended. Althought I cannot tell from your post if this is your first offense, the following information is based on that assumption.

    You can apply for a California license and then be eligible for a restriction. In order to be eligible for a restriction, you must suffer a 30 days suspension and then apply for a restriction at the DMV. Prior to allowing the restriction DMV will need to have proof of enrollment in Level One DUI school and an SR 22 filed by an insurance company.

    An attorney in your area who specializes in DUI and DMV matters can certainly assist you.

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  • Can i get charge with a dui if there is noy enough proof

    some couple picked me up after i crashed then the cops came fro me at my house

    Lynn’s Answer

    There are certain situations where the police can arrest you at a later time for driving under the influence. However, there are very specific issues that must be proved to allow the arrest to stand in court. Along with others , if the police received a call about a collision, what kind of information was supplied to identify you as the driver. Is there a dispatch log?

    If your driver's license was takne by the police, you must contest any suspension of your driving privilege by contacting the DMV within ten days of your arrest.

    The best advice that I can give you is to immediately contact an attorney in your area who specializes in DUI. There are highly qualifed attorneys at www.california-dui-lawyers.org
    who will be able to immediately assist you.

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  • Can a APS suspension be dismissed if I filed for departmental review, and the DMV has not made a decision after 71 days?

    I was charged with DUI august 09. I lost the APS hearing and my lisence was suspended. In court I was offered a plea of drunk in public and that is what i was chraged with. I filed for departmental review Nov, 8 and was told it would take 30 to 60...

    Lynn’s Answer

    If you were represented by an attorney in court, I would consult with them regarding your next step. Certainly a writ can be filed to force the DMV's hand into resoliving this issue. There are also other things that can be done, through the court, to reverse the DMV decision. If you were not represented, I would suggest contacting a DUI specialist member in your area. California DUI Lawyers Association has a number of local, well qualifed members to assist you.

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  • Bench Warrant for not paying DUI fine.

    I was arrested for a pretty normal DUI back in 2006. I have not been good about paying the fine payements as the court scheduled them for me, and the fine went into default. Now, by logging into the court's online database, I can see a bench warra...

    Lynn’s Answer

    When you were convicted, you were required to comply with the terms and conditions imposed by the court. When you missed payments, the court was notified and, a bench warrant was issued for your arrest.
    You should contact an attorney to assist you in having the case added to calendar. Depending on the jurisdiction, the court, at that time, can recall the bench warrant with your appearance. If you have the funds available to pay the balance of the fine on that day, it will certainly assist your situation.

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