Joshua Kaizuka’s Answers

Joshua Kaizuka

Sacramento DUI / DWI Attorney.

Contributor Level 16
  1. I was acquitted for entrapment. Can I expunge my arrest record?

    Answered about 1 year ago.

    1. Joshua Kaizuka
    2. Christine C McCall
    3. Thomas G. Briody
    4. Sean A Nicholson
    5. Stephen Ross Cohen
    6. ···
    7 lawyer answers

    The best thing if you have not already done so, is to ask your public defender who did a great job and obtained an acquittal at trial. Congrats on that! As to clearing your criminal record of arrest and being charged, that is a different issue as I'm sure your PD advised you. The burden of proof in a criminal prosecution is proof beyond reasonable doubt, a high standard of proof to convict. The best example is the OJ Simpson case where in the jury acquitted, but in a civil lawsuit, found by...

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  2. My uncle was arrested for DUI about a month ago & was released. Should he go to court?

    Answered about 1 year ago.

    1. Joshua Kaizuka
    2. Michael James Kennedy
    3. Ethan Patrick Meaney
    4. Michael Jon Fremont
    5. Andrew Stephen Roberts
    6. ···
    7 lawyer answers

    If it is a misdemeanor DUI charge, he can retain a private attorney and in most cases, he will not have to appear in court. However, depending on the facts of the case and prior record, he could be deported again as well as federal charges for illegal re-entry. The best thing to do is to consult an experienced DUI or Criminal Defense attorney as well as an immigration attorney in the county where the charges were filed.

    20 lawyers agreed with this answer

  3. Just got a DUI, already have an attorney, how can I stop the junk mail from law offices?!

    Answered about 1 year ago.

    1. Joseph Briscoe Dane
    2. Greg Thomas Hill
    3. Joshua Kaizuka
    4. Kiarash Feyzjou
    5. James Melvin Taylor
    6. ···
    9 lawyer answers

    Mr. Dane is correct. There is typically a flurry of jail mail that shows up from law offices within a few days after the date of arrest. The good news is that it will die off naturally within a week or so.

    17 lawyers agreed with this answer

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  4. I got DUI last week and they took my blood sample, i think my blood level is below 0.08 how can fin the result?

    Answered 9 months ago.

    1. Joshua Kaizuka
    2. Dan Eugene Chambers
    3. Matthew Murillo
    4. Victoria L Clemans
    5. Michael Kevin Cernyar
    6. ···
    10 lawyer answers

    The best way is to set a DMV administrative hearing within 10 days of the arrest if the cop took your license. First, it will slow down the suspension process and if the blood level comes back under a .08 BAC, DMV will setaside a suspension so long as you were not on probation for a DUI or you are under 21 years old. The best thing to do is to consult an experienced DUI attorney in the county where the arrest occurred. A court website will not indicate the blood result in most counties and...

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  5. This is my supposedly my second dui, i was pulled over for no reason being,

    Answered 10 months ago.

    1. Joshua Kaizuka
    2. Denis Hurley White Jr
    3. Leigh Gretchen Fleming
    4. Andrew Stephen Roberts
    5. Scott David Levy
    6. ···
    7 lawyer answers

    The most important thing that needs to be done now, is to set a DMV administrative hearing within 10 days of the incident. Hopefully, you were not on probation still for the 1st DUI. Since you are contesting the legality of the stop, setting the DMV hearing will allow an attorney to subpoena records from CHP including the 911 calls if any exist, video from the patrol car, and calibration/maintenance logs for the PAS and breath machines that were used on you. If the stop turns out lawful,...

    17 lawyers agreed with this answer

  6. Can a lawyer from Los Angeles, ca defend a person in Sacramento?

    Answered over 1 year ago.

    1. Daniel C Grupenhagen
    2. Joshua Kaizuka
    3. Ian Thomas Valkenet
    4. Matthew Murillo
    5. Haig B Kazandjian
    6. ···
    9 lawyer answers

    The short answer is that an attorney licensed to practice in the State of California can represent a client in any county in California. The main issue is what county the charge or charges were filed, not where the client lives. In addition, you want to retain an attorney who knows how things work, knows the courts, DAs, who you feel comfortable with, and has a good reputation in the legal community there. Good Luck!

    17 lawyers agreed with this answer

  7. Misdemeanor DUI Conviction - California State Bar Moral Character Application

    Answered almost 2 years ago.

    1. Christine C McCall
    2. Joshua Kaizuka
    3. Michael Korry Bialys
    4. Shawn Michael Haggerty
    5. Robert Laurens Driessen
    6. ···
    8 lawyer answers

    I agree with my colleagues about completing your classes although I'm unclear why you have 5 more classes and were put on 5 years probation if the DUI was in 2009. Typically, 5 years probation and DUI classes results due to a conviction for a conviction for multiple DUIs. I'm assuming that the person you spoke to at the State Bar advised you that it is going up the chain. If so, you should start looking into obtaining recommendation letters relating to your initiative to staying sober, even...

    16 lawyers agreed with this answer

  8. What if a DUI convicted still drives and being caught by a police?

    Answered over 1 year ago.

    1. Joshua Kaizuka
    2. Nicholas Maurice Rosenberg
    3. Michael Jon Fremont
    4. David Glenn Ridings
    5. Anthony David Scott
    6. ···
    7 lawyer answers

    I agree with my colleagues, but would add that if he gets arrested for a 3rd DUI within 10 years, there is a minimum of 120 days of jail time, as others have opined vehicle impound, due to the DUI in September of 2012, if he was convicted, has a probation condition to not drive without a valid license, no measurable amount of alcohol (meaning even .01 BAC), along with other basic terms such as enrolling in an 18 month SB38 DUI class, and obtaining a SR22. Some DA offices will try to get the...

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  9. Did my attorney purposely go forward with trial?

    Answered over 1 year ago.

    1. Joshua Kaizuka
    2. Joseph Salvatore Farina
    3. John M. Kaman
    4. Vijay Dinakar
    5. Brian K Wanerman
    5 lawyer answers

    Do-defendant cases can be problematic. Typically, DA's make a package deal and both co-defendants have to take it or no deal and the case goes forward unless there are issues as to one of the co-defendants. In addition, it is unlikely that one co-defendant can be severed from the case if the charges stem from the same facts and circumstances. Initial retainer fees in felony cases typically cover through a preliminary hearing. There is a separate fee for trial.

    15 lawyers agreed with this answer

  10. Arrested for DUI. Blew .08 at the station. What are my chances for dismissal?

    Answered over 1 year ago.

    1. Dan Eugene Chambers
    2. Sharon Paris Babakhan
    3. Matthew Murillo
    4. Wade J. Skalsky
    5. Neil James Fraser
    6. ···
    9 lawyer answers

    These are the toughest because it is so marginal and individuals in your situation should be looking for an experienced DUI attorney in the county where the arrest was made. If the license was taken away and a temporary license was issued, it is imperative you talk to an experienced DUI attorney who knows how the DMV APS works and which hearing officers are better than others so you have the best shot a obtaining all records, maybe even before the case is reviewed by the charging DA to prevent...

    14 lawyers agreed with this answer

    1 person marked this answer as helpful