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Joshua Kaizuka
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Joshua Kaizuka’s Answers

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  • How should I approach this minor in possession of alcohol infraction?

    Last night i recieved an infraction for under age drinking in a dance club in hollywood the police saw me take 1 sip of my drink that my date has purchased for me who is 21 and i am only 20. The police did not do any breathalyzer test or anything ...

    Joshua’s Answer

    Talk to an experienced criminal defense attorney. There may be some type of diversion process to avoid a conviction. Any type of alcohol related conviction will result in a 1 year suspension of driving privileges. Perhaps there is a defense to the possession charge. Talk to a local attorney to guide you.

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  • Which courthouse in Sacramento does criminal expungements? The 9th st. one or 651 I St.? Will they take a petition by mail?

    I have an old case I need to expunge

    Joshua’s Answer

    I agree with my colleagues about a "true expungement" which there isn't in California. However, PC 1203.4 relief of getting the plea or "not guilty" or "no contest" and getting the case dismissed is better than nothing.

    In Sacramento County, you can get information athttps://www.saccourt.ca.gov/criminal/docs/1203-4-dismissal-process.pdf for the process. If you can't figure it out or want the assistance of an attorney, you can certainly do so. The filing fee is $120. See the link for the requirements.

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  • Hire an attorney? Odds of winning dmv hearing?

    Was arrested for 1st dui, breath test .11 and retested at station breath results .12. Went to court for initial court date. Police Paperwork hasn't been submitted yet. Should I hire an attorney? DMV hearing is in 2 weeks. Trying to avoid a do...

    Joshua’s Answer

    No one can give you odds of winning. While there could be a rising blood alcohol defense for both the DMV and criminal case, it takes some looking into as far as the devices used, its various records, figuring out the timing of events, and so on. It can be overwhelming as you have discovered. Consult an experienced DUI attorney in the county where the case is pending.

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  • Last DUI in 1991 3rd Thank

    I had 3 DUI 's in California, my last dui was in 1991 25 years ago. I did not go to any schools or AA meetings for the last one. I've grown up since then and no longer drink, just don't have the urge to any more. I have been driving for 25 years ...

    Joshua’s Answer

    If the DMV driving record shows a suspension for a 3rd DUI, then you will still have to take a DUI class, probably the 18 month SB38 course. You won't know until you check your driving record. AAs are not required by DMV.

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  • I have had to take a 3 month dui class since 1982 here in ca

    i have had to take a 3 month dui class since 1982 hare in ca. i was looking online to see if i would be able to take the class online . i was wondering if those sites they have if they are legit like myduiclass.com they want 480.00 the take the...

    Joshua’s Answer

    Only way that California DMV will accept a class is through an approved DUI class. If the DUI is from 30+ years ago, you will need to get a driving record printout from DMV and find an approved class to enroll in. There are no internet DUI classes that California DMV will approve.

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  • Can a cop give you a DUI where you were not driving or in the car while they pull you over? and will this effect my CA License

    I was escorted out of a bar where I was drinking in Munich Germany. I blew a .21 BAC once escorted out of the bar. The polizie said I had hit another car and he had witnesses. Honestly, I don't remember any hit and run.

    Joshua’s Answer

    Interesting question about DUIs in Germany. However, you are posting in California so we can't really say about the laws in another country. Also a very interesting question about how a conviction in another country will affect your CA license. How would California DMV find out? In the US, there is an interstate compact relating to licenses where license holds are entered and 45 of the 50 states are members. I am unaware of something similar for countries.

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  • Would I be able to qualify for DACA, if I get my DUI expunged?

    In 2010 I got my First and only DUI, I paid my fines and did all that was required by the Court in the state of California. I have a high school diploma and have been here since I was 6.

    Joshua’s Answer

    Immigration laws are complicated and changing all the time. I thought a DUI conviction would be a bar under DACA but got a call from an immigration attorney to help a client get a PC 1203.4. There is some thought that it may be helpful in DACA cases. See http://www.ilrc.org/files/documents/california_chart_jan_2016-v2.pdf and look for 23152. Each case can be different and there may be different takes so consult an experienced immigration attorney for the best answer.

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  • Will I be penalized later if I do not disclose this arrest that I was not charged for on my law schools apps that don't specify?

    My boyfriend and I were arrested with felony domestic violence. I had been running away to call a taxi because I wanted him to walk home. As I was running, I came to a stop and he tripped over me. A concerned security guard saw and asked me if I w...

    Joshua’s Answer

    As other colleagues have stated and because part of being a lawyer is understanding the question asked, determine what the question actually asks for. There is a difference if the question asks about convictions and arrests. If the question is about convictions, then the answer is "no." If it asks about "arrest" then the answer would be "yes" although it would be an unusual question to ask for a law school application. I haven't looked at the moral character application for the California State Bar in a long while nor remember if it asks whether an individual has an "arrest" but that is where it may become an issue if at all since you will need to be livescanned. While an arrest without a criminal complaint being filed is supposed to become a "detention only" it can be helpful to get a certificate to change the label to "detention only" as opposed to "arrest." If there is a way to seal and destroy the record due to a factual finding of innocence, it would be the best result. You may want to contact an experienced criminal defense attorney in the county where the arrest occurred.

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  • When is an IID mandatory in CALIFORNIA for unrestricted DL?

    I have 3 DUI's. Most recent 4 years ago. I was told by the DMV last year that if I paid my fines, sr22, complete 18 month course and pay a reinstatement fee I would be able to get an unrestricted DL in March 2016. However, a call to the Mandatory ...

    Joshua’s Answer

    If the conviction was in Sacramento county, then even on a first DUI conviction, an IID is required since it is one of the pilot counties for IIDs. On a third DUI conviction an IID is required for two years. If you had an experienced DUI attorney and the conviction was in Sacramento county, he or she should have advised you that once you are enrolled in the SB38 18 month program and obtain a SR22, then 6 months after the conviction, once the IID is installed you can get your driving privileges back. At this point, you will need to install the IID. DMV has its own rules and to get back on the road, one has to comply. You should contact the lawyer who represented you for the best answer in your situation.

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  • Will a new CA drivers license be linked to a TX drivers license? Can TX surcharge suspend my CA license for not paying?

    I had gotten a DWI in TX in 2014, my licensed was suspended up until Nov. 11 2015. I have paid the fee for the license along with a fee for not paying my surcharge. I was under the impression since my license was suspended I would not have to pay...

    Joshua’s Answer

    I've dealt with the reverse where someone gets a DUI in California but is a resident in Texas as well as other states. The bottom line is that 45 of the 50 states use the interstate compact for drivers licenses. Texas is definitely a member state. In essence, if a driving privilege is suspended and the suspension is entered in to the system, it remains there until it is cleared up. Typically, license agencies will check the system when it about to issue a new license or at renewals. If there is a hold from TX or California DMV learns about the DUI conviction in TX, it may require a SR22 and a California DUI program as well as clearing up the hold before issuing a license. If may be better to clear any license suspension in TX before applying in CA. You might want to consult the TX attorney about your license issue there first. Good Luck!

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