Skip to main content
Joshua Kaizuka
Avvo
Pro

Joshua Kaizuka’s Answers

866 total


  • Who can review or give guidelines for a letter to submit to bvnpt regarding nursing licensure if I have two duis

    I have two dui's and need someone to give me a guideline or review the letter that I am going to submit to licensing board

    Joshua’s Answer

    You should consult an experienced attorney who deals with professional license matters dealing with the Board of Vocational Nurse & Psychiatric Technician.

    See question 
  • I was pulled of for having expired plates which turned into getting a DUI but my registration was not expired. Can I fight this?

    I am a California resident. My license plates are from Texas. My dad renewed the registration in Texas the day before getting pulled over in Cali for expired registration. This ended in me getting arrested for DUI. I have the receipt showing the d...

    Joshua’s Answer

    The additional information states that Texas plates do not have stickers. Not so sure that is true. If so, then there may be an issue of whether the stop based on an expired registration was lawful unless prior to the stop, the officer checked the plate and registration information. If there was a sticker showing the month and year on the plate and the stop was after the month and year showing on the plate, then you may have problems. On the other hand, if there was a sticker and the month and year appeared current, then the officer would have had to check before making a stop for an expired registration unless there were other lawful traffic violation issues. Consult an experienced DUI lawyer in the county where the arrest occurred for the best answer.

    See question 
  • Can i expunge more than one conviction?

    In a prior life, metophorically, I had 2 DUI in Fresno Cnty and 1 in Alameda. All probation, fines done. Now i want to clean up the past, so is it true that I can only file one 1203.4 to have one of these three charges dismissed? Please help m...

    Joshua’s Answer

    The answer to the question of whether a petition for relief pursuant to PC 1203.4 must be filed for each case is yes. As others have stated, relief is discretionary for DUI convictions. Each county is different on how they treat 1203.4 relief on DUIs. The best thing to do is to consult an experienced criminal or DUI attorney who knows the practices of the two counties for the best answer on how to have the best chance of obtaining relief. Most likely, there will have to be more than the form petitions filled out to convince a judge that you have put all of this behind you, have been a law abiding citizen, changed, become a contributing member of your community, as well as how these convictions are negatively impacting you and your family if you have one. Make some calls. Good Luck!

    See question 
  • Can a police officer review his DUI report before being called to witness stand?

    I am a law student. If an officer doesn't have independent recollection, he can refer to DUI report to refresh recollection. But can he read and memorize his DUI report shortly before testifying?

    Joshua’s Answer

    Not sure if you are asking because you are trying to find answers for a law class such as evidence or crimpro. If so, you really should be reading through your text books and doing your own research or discussing it with fellow students and or your professor. If you do so, you will find the answer quite easily. If it has to do with a case against you, then you should stop posting on a public forum for your own good. As a law student, you must realize that you should get legal counsel so that you can discuss in private and with attorney client privilege.

    See question 
  • How can I go to Canada on a leisure trip if I had a DUI in 2004?

    October of 2004 I got a DUI. I completed probation, paid all fines, etc. That being said I wanted to know which option would be best to go to Canada to visit friends. Also, what are the chances/possibilities of me getting my record expunged?

    Joshua’s Answer

    As my colleagues have stated, Canada does have strict rules for entry for visitors. It used to be a complete bar. However, Canada has lessened restrictions based on various factors. For information seehttp://www.cic.gc.ca/english/information/inadmissibility/conviction.asp . Also, immigration attorneys dealing with visitation can help advise on how you can gain entry. Since the DUI was over 10 years ago, you have a very good chance of entry especially if you obtain relief pursuant to PC 1203.4 if the DUI was in California. Even before Canada relaxed its rules for immigration purposes a few years ago, relief pursuant to PC 1203.4 afforded clients to gain entry. Good Luck!

    See question 
  • I was arrested in Sacramento with a .17 bac. What are the penalties for having a high bac, and how much jail time will I get

    I have no criminal record, and I hold an out of state license. Can I ask for a transfer from Sacramento to San Jose since I relocated?

    Joshua’s Answer

    I would only add that if the question is whether you can complete the DUI class to Santa Clara County, the answer is yes. As for any jail time that will need to be completed as work project or home detention in Santa Clara County as opposed to Sacramento, it may be possible. As for probation, so long as it is informal probation, Mr. White is correct, there is no need for any type of probation transfer. However, you need to make sure that you take the steps necessary to get your privilege to drive in California back even though you have an out of state license and depending on your status in California, you may need to obtain a California license. Consult an experienced DUI attorney for the best answer.

    See question 
  • Got a dui March 20,2015 when does my 30 day suspension start?

    Had a court date may 20,2015 went to it and the clerks said they had nothing on me yet and to come back in two weeks to check. Two weeks have yet to pass. Was wondering if they give me another court day when I go back when will the 30 day suspensi...

    Joshua’s Answer

    It all depends on whether it was an alcohol related DUI arrest for suspicion of a .08 BAC or higher and if so, you were served with a pink temporary license. If so, it was notice that in 30 days after the arrest, your license would be suspended administratively for 4 months. If you did not call DMV Driver Safety to request a stay discovery and hearing, then the administrative suspension with a 30 day "hard" suspension will be imposed. It is independent of any suspension related to a court conviction for a DUI. If the DUI arrest was on March 20 and it was an alcohol related arrest with a BAC of .08 or higher and did not request a DMV hearing, your privilege to drive is probably already suspended. The best thing to do is to consult an experienced DUI lawyer in the area where the arrest occurred for the best answer. If there is already a suspension, there are things that need to be done to get a restricted license after the 30 day "hard" suspension as well as any defenses to the DUI.

    See question 
  • If a person has NEVER been part of, hung with or suspected/charged with ANY gang activity, can they be called 1 n a news paper?

    "GANG MEMBER" ..... Arrested today while" ..... Charges dropped three weeks later....is there a Civil Case?.....THANX

    Joshua’s Answer

    I agree with Mr. Finncey that it will be difficult to have any recourse with a news organization. News organizations typically publish information in crime stories a news release or information from law enforcement sources. In essence, they report what was told to them. As such, even if you can prove that you were not convicted and charges were dismissed, it would be very very difficult to prosecute a successful civil claim. Of course you should consult a civil attorney to get the best answer to find out if there is a cognizable claim that can be successful.

    See question 
  • “Should I disclose a DUI and reckless operation charge on my real estate license application if it happened over 15 years ago?

    Should I disclose a DUI and reckless operation charge on my real estate license application if it happened over 15 years ago? I don't want them to deny my application if I don't disclose this information. What should I do? Thanks!

    Joshua’s Answer

    You should carefully review the application. It asks if you have "ever been convicted" at the misdemeanor or felony level. If you answer "no" and it shows up on a background check, the board will take it as you lied on the application and deny. Even if you think you had the case "expunged" pursuant to California Penal Code section 1203.4 the application is clear that the conviction must be disclosed. Assuming that there have been no other issues, you stand a good chance of obtaining a license. However, each case is different so the best thing to do is to consult an experienced licensing attorney with experience with BRE.

    See question 
  • I ve been a registered nurse and have carried a license for yrs now my bk ground shows a warrent. How can i clear it.

    I have had a legal license and its been renewed plus im now a Nurse in California and have a national compact nursing license for several years and moved to other states with bonufied licences. Now my background check shows a warrent for arrest du...

    Joshua’s Answer

    You will need to figure out where the warrant was issued. Suspended licenses can be for a number of reasons such as failure to pay a fine, not showing up to court, DUI, non-payment of child support, etc. Undoubtedly an attorney can help track things down to find out why a driver's license is suspended. If the warrant is from outside California, you will need to take care of the out of state issue or consult an attorney in the state where the warrant was issued. With a nursing license, you certainly want to take care of it since it can affect the license and may want to consult an attorney experienced with the California Nursing Board.

    See question