Skip to main content
Joshua Kaizuka
Avvo
Pro

Joshua Kaizuka’s Answers

871 total


  • I have two DUIs on my criminal record, how would this effect me getting my realtors license in the state of California?

    I recently enrolled into a real estate school and I want to work as a realtor in the future. Unfortunately, I was convicted of DUI twice in California and I am informed that the CalBRE is tough on criminal charges. My first DUI was approximately a...

    Joshua’s Answer

    BRE is very tough on criminal convictions even when relief is granted pursuant to PC 1203.4. Even if the convictions are set aside pursuant to 1203.4, you still have to disclose it on your application. The best thing to do is to consult a licensing or administrative law attorney with experience dealing with BRE for the best answer.

    See question 
  • Will I need to get an IID? I live in Sacramento County where IIDs are required but got DUI in another county where they aren't.

    I live in Sacramento where Ignition Interlock Devices are required. That's where my car is registered and where my DL shows that I live. But I got a DUI charge in San Luis Obispo County where I don't think they are required for a first DUI. Wil...

    Joshua’s Answer

    The requirement is based on the county of conviction, not where you live as far as DMV is concerned. If the court orders it, that is a different story. On most first time DUI convictions, IID are not typically required as part of probation.

    See question 
  • I live in New York, can I take online DUI class for First Offender Program?

    I plead no contest to Wet Reckless, and was ordered by Santa Clara County Superior Court to take 3-month First Offender Program with an annotation that "may do in New York". I don't have California driver's license and am not California r...

    Joshua’s Answer

    As my colleagues have stated, an on-line or a DUI class that is similar to what you would have to do in California can satisfy the court probation requirements. However, it will not satisfy California DMV's requirement and if there was a California DMV administrative suspension independent of a court conviction, there will be a hold out of California that will be placed in the interstate compact drivers license computer system. If so, it will most likely affect an individual's ability to renew a license when the renewal comes up. To get the hold lifted, an individual typically will need to get a SR22, request a 1650 waiver from California DMV Mandatory Actions Unit, and pay a reinstate fee. Hope your attorney can help you with the process so you will not have a problem when you need to get your home state drivers license renewed. In some states, once the drivers licensing authority learns of a DUI conviction, they may require in state DUI programs to be completed.

    See question 
  • Have a Dui from 1996 and also one from 2006 all fines are paid never finish classes will I still be able to get a restricted lic

    Nothing left at the courts only through the DMV

    Joshua’s Answer

    As my colleagues have stated, there is very little information here. DMV does what DMV does. You need to either contact the attorney you had on the 2006 case to help you out because there could be a violation of probation due to not completing a probation required DUI course whether it is a first offender class or a multiple offender class. You can contact DMV mandatory actions to find out what you need to do or go to a local DMV office and get a H6 printout. If DMV is requiring completion of a DUI class, you will need to do so and most likely obtain a SR22. Consult your attorney if you had one or consult an experienced DUI lawyer so you can find out if there are any other problems such as a probation violation, failure to appear, and what type of DUI class you need to enroll in and complete to get your privilege to drive back. Good Luck!

    See question 
  • Am I in any legal trouble?

    I was recently arrest for DUI. They impounded my car. The next day when I got released, I went to pick up my car, people there says police supposed to put a 30 day hold on it but they couldn't find any papers and so they charged me for the fee and...

    Joshua’s Answer

    The real issue you should be concerned or dealing with is the arrest for the DUI. If law enforcement did not file the proper paperwork to hold for 30 days, that is on them and by you getting your car back after paying the fees will not likely have any impact on the DUI case itself in court. The more pressing issue is to decide whether you should retain an attorney to help you with the DMV administrative suspension process and to deal with the criminal case. It may be worth your while to make some calls to an experienced DUI lawyer in the county where the arrest occurred.

    See question 
  • 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