Skip to main content
Joshua Kaizuka
Avvo
Pro

Joshua Kaizuka’s Answers

861 total


  • 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 
  • I have recently found out that I had a warrant put out of Ventura County, CA from 12/12/2005. Do CA warrants expire?

    I was charged with a DUI out of ventura and then violation of probation out of Los Angeles and served my time at a correctional facility in Los Angeles. I found out from the DMV when I went to get my driver's license that my paperwork from my 18 m...

    Joshua’s Answer

    Obtaining proof from the DUI SB38 program that you completed the program before going to court can be most helpful if the warrant is due to failure to complete the program. However, it would be helpful to find out for sure what the warrant is for. If you had an attorney helping you with the DUI, you should contact him or her. If you did not have a lawyer then, you should consider consulting one in the county where the warrant issued. He or she can most likely find out what the warrant is about and help resolve the situation, especially if the warrant is due to the court not having proof of completion of the 18 month DUI program.

    See question 
  • Wrongfully arrested and charged for DUI. Will i need an attorney?

    I was wrongfully arrested and charged for dui, i had too much to drink so my friend was my designated driver. when we got out of the bar and to my car, person who parked in front of me accuse us of hitting his car and called the police. Cops came ...

    Joshua’s Answer

    It sounds like this is a "no drive" defense to the DUI charges. Hopefully the cops took pictures of the damage to both cars to show that it was on the left side of both vehicles. The most important thing right now is to decide whom you will retain to represent you and guide you through the process. Time is ticking since there is only 10 days from the time of the arrest if your license was taken and served a pink temporary license. Obtaining a lawyer can help to subpoena 911 calls, patrol car videos, the collision and police report, and any investigation that will be necessary to show that it was a collision by someone else and you were not driving. Many attorneys in the Sacramento area, if it happened here, will give a free initial consultation. If you are going to retain one, choose the one whom you feel most comfortable with and do what it takes to defend your case. Good Luck!

    See question 
  • Can a domestic violence conviction be deportable?

    If a green card holders gets charge with domestic violence. Would he/she be deported ? Can it be lowered to a minor charge that won't involve deportation?

    Joshua’s Answer

    There may be ways to avoid deportation depending on how the case is resolved. It depends on the fact of the case, and the best answer will come from an experienced immigration attorney. Whether the case can resolve in a way to avoid deportation can be best answered by an experienced criminal defense attorney in the county where the charges are pending.

    See question 
  • If I am being charged in criminal court for a misdemeanour by Humane Animal Services and a city ordinance can I file suit

    against them also since they were the ones that harmed the animals.

    Joshua’s Answer

    I agree with my colleagues. There are two separate issues and the most important is the criminal misdemeanor charge or charges. Because a criminal complaint has been filed, assuming relating to some type of harm or neglect to an animal or animals, that should be the primary focus. A civil action is separate from the criminal case and if the accusation against you turns out to be false, then perhaps there is a cause of action that may relate to civil rights violations and other pendant state law claims. You should not post any more facts here since it is a public forum. Consult an experienced criminal defense attorney knowledgeable with at least the basic timelines for filing a government tort claim so you know the deadlines for doing so to preserve your right to sue as well as advising whether doing so will impact your case unnecessarily. The most important is to defend against the criminal case.

    See question 
  • Do accidents count for points on DMV record?

    After being involved in a recent accident, I was left wondering if points would be assigned to my drivers license. No police report was filed and I was not issued a ticket. In fact the police didn't show up at all. I went throughout my insurance a...

    Joshua’s Answer

    At fault accidents can result in a point.

    See question