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Joshua Kaizuka

Joshua Kaizuka’s Answers

996 total


  • What happens if i get caught leaving the state?

    im on a low level probation for DUI my probation said i cant leave the state but i have to for work just for a few days what happens if i leave and get caught ive never violated probation before i dont even get drug tested i just check in with the...

    Joshua’s Answer

    As others have stated, you should consult the attorney who represented you. It is unclear what you mean by "low level probation" but if it is formal probation with a requirement to get permission from probation before leaving the state, then by doing so and they find out, you are putting yourself in jeopardy for a violation. No one here is going to advise that you violate your probation. Talk to your attorney.

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  • Will I get punished for not appering to court today?

    I got a DUI and my court date was today my DUI lawyer told me that nothing has been filed in my case neither me or my lawyer went to my court date was that the correct choice?

    Joshua’s Answer

    Each county is different. If you have a lawyer, the question is better posed to him or her. In general, in most counties where someone is released from custody and there is a court date for arraignment, the arrestee signs a promise to appear. For most misdemeanor cases, an attorney can appear on behalf of the client. In many counties, in DUI cases where there was a blood draw or the DA's office is unsure about filing a criminal case by the arraignment date, they will ask for a new arraignment date since in misdemeanor cases the statute of limitations or the time to file a case is 1 year. For example, in Sacramento and Placer counties, the DA's office will request a new arraignment date so that they have time to get the blood test results before filing and if the defendant is there or an attorney is there in court, they will get a new court date. If no one appears, then a new court date cannot be set and should the DA's office decide to file, a warrant goes out and in some cases, a letter goes out to the defendant advising that they need to surrender on the warrant and get a court date. In some counties, especially if your mailing address is different from what the cops have, then a warrant issues and you find out when you get arrested due to contact with law enforcement. In San Joaquin county, if there is nothing filed, at least from my experience going to court there on cases where nothing is filed by the court date, the court advises that nothing has been filed and should a case be filed, that the arrestee and/or the attorney will be notified. You should talk to your attorney since it all depends on the practices of the county in which your case may be pending.

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  • I have a court date for DUI

    Hit a parked car due to black outs, I have a mengenioma. Got arrested for DUI. Passed the breath test that wasn't good enough, cops took me to get a blood test and arrested me. I got a ticket to appear in court then received a letter of court dat...

    Joshua’s Answer

    I would have to agree with my colleagues here. DUI arrests involving medical conditions can be problematic even without alcohol or medications since cops automatically think that there must be some type of DUI if someone appears impaired. If the blood test results in no alcohol or less than a .08 BAC, then DMV will not take action on an arrest relating to alcohol. If there are medications that can cause impairment found in the blood then the DA's office may file charges. Should DMV learn that there is a medical condition that causes blackouts, then DMV can go forward with a license suspension for medical reasons. At minimum, it would be wise to get a consultation from an experienced DUI attorney in the county where the arrest occurred. Moreover, if there was no alcohol use or drugs relating to accident and a medical condition that causes blackouts exists, you should be focusing on your health since it may not be safe to drive until the condition is stabilized because doing so and someone gets injured or killed can become a bigger problem not only in criminal court but also in civil court.

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  • Is there an online form to request a Certificate of Detention only from the Police Department in California?

    I got arrested but no charges were ever filed. Is the arresting agency supposed to mail me a certificate of detention only automatically? or am I supposed to request it? Also, is there a form from the court's website that i need to fill out and ...

    Joshua’s Answer

    As other colleagues have stated, a certificate of detention only is not automatic and some law enforcement agencies need to be educated on the issue since some do not know what it is. CHP calls it a certificate of release from custody. Also, there is no forms on any court website because they don't deal with it - nothing was ever filed. Also, depending on the charge, it is sometimes wise to wait until the statute of limitation has expired - I've heard of a request being submitted and someone takes a second look at the case and the DA ends up filing a criminal case. The best thing to do is to consult an attorney and have him or her review the situation and take care of the request.

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  • Is it illegal to drive your own car with scissors

    Car was impounded because i had i scissor for a key. Couldnt find mine at the time so i use some scissors. Had all proper identification n paper showing owner ship what should i do impound fees alot these days

    Joshua’s Answer

    If it was your car, a valid license, and no other issue, it is unclear why the car was impounded.

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  • What date does a DUI come off your DMV record

    Hello all, I had a DUI right around 10 years ago. I was arrested in December of 05 but I was not convicted in court until June of 06. My Per Se hearing was in March I believe which I lost. Can you tell me what date the "clock started?"

    Joshua’s Answer

    • Selected as best answer

    As my colleagues have stated, while the DUI is no longer priorable as a prior DUI, it will still show up on a DMV record and even if the criminal conviction was set aside pursuant to Penal Code section 1203.4, it will still show on a criminal record if you are charged again in the future although it will show that the conviction was set aside. Both clocks, the DMV and criminal, have already run based on the information you posted. Congrats!

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  • Dismissed conviction, now can I have it expunged?

    I was convicted of a felony in 2009, I served probation and paid all restitution back. My case was considered a "wobbler," so I filed for it to be reduced to a misdemeanor and dismissed from my record. This was done 3 years ago. So now, I want t...

    Joshua’s Answer

    This question comes up very often. First of all, it depends on the type of job the application is being submitted to. Regardless of if it is for a private employer or government job, the application should clearly indicate whether if an individual must disclose a case that was dismissed pursuant to Penal Code section 1203.4. Labor Code section 432.7 prohibits an employer from asking about convictions that were set aside pursuant to 1203.4 except for certain type of government employment including law enforcement, certain health care related employment, or those who are seeking some type of professional license. As other colleagues have stated, there is no true "expungement" of criminal records in California and the best an individual can do is the 1203.4 unless he or she was factually innocent. The bottom line is that once a 1203.4 is granted, then for most employment applications, the answer is "no" to the question of a conviction. Depending on the type of employment you are seeking, you may want to consult an employment lawyer for the best answer.

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  • What are the possible charges my cousin might be facing after DUI accident killing two people?

    My cousin was involved in an accident while under the influence. He was at fault for driving on the wrong side of the road and collided head on with the other vehicle resulting in the deaths of both individuals in the other car. I am aware this is...

    Joshua’s Answer

    As my colleagues have stated, it can vary. When someone who is driving is involved in an accident resulting in another person's death, it can be anything from a misdemeanor vehicular manslaughter charge if there is no gross negligence to a felony vehicular manslaughter with gross negligence (bad driving, speeding, running red lights, driving in the wrong lane, etc) , and if the driver had a prior DUI conviction, a 2nd degree murder charge which can result in a life sentence if a proper Watson advisement was given which basically should have advised even a first time DUI offender that driving under the influence of alcohol or drugs is inherently dangerous and if while doing so an accident results in the death of another person will result in a murder charge. It is a very serious situation.

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  • What happens to the passenger involved in a fatal hit and run ?

    A vehicle struck and (apparently) killed a pedestrian. Both driver and passenger believed that the vehicle struck either a mailbox or trash can due to the fact that it was on a rural road in the middle of the night. The driver has already been arr...

    Joshua’s Answer

    The best thing to do is not post any more facts since this is a public forum. If the question is "what can possibly happen" then there are all kind of possibilities. What is more likely or could happen depends on the facts. The best thing is to consult an experienced criminal defense attorney in the county where the incident occurred.

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  • I want to request a belated hearing to show that the revocation/ suspension and 30 day temp. license is not justified.

    It is past the 10 day limit after receiving the administrative per se suspension/revocation order. The Oakland office of drivers safety reccomended that I submit a written request for a belated hearing. Is this something I should have a lawyer wr...

    Joshua’s Answer

    Having a late request for an APS hearing granted can be very difficult. Factors that DMV will consider is how late the request is and why the request was not made within the 10 day period. If the reason for the delay is not reading the DS367 pink temporary license to know about the 10 days, not likely. If the form was not served, a better chance. If there was some type of medical condition or the individual was incarcerated, perhaps a good reason. For the best chance and information, consult and attorney in the county where the DUI arrest occurred.

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