Honolulu dui Attorney
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Experienced and Knowledgeable DUI / OVUII Appeals Lawyer Located in Honolulu Hawaii
Many cases are resolved on “suppression” issues. This means that a defendants privacy rights, guaranteed by the Fourth Amendment to the United States Constitution and Article I, section 7 of the Hawaii Constitution. The remedy for such violations are application of the exclusionary rule. This rule simply says that whatever evidence the police gained as a result of the illegal privacy intrusion is “fruit of the poisonous tree” and cannot be used against Defendants.
In Hawaii OVUII / DUI cases, three different issues are often the subject of Motions to Suppress. First, the police officer must have had a reason to conduct the traffic stop. There are two ways a traffic stop can be justified: 1) he or she can observe a crime or traffic infraction; and 2) the totality of circumstances would lead an objective and reasonable person to conclude that a crime was being committed. Usually, in DUI cases, the officers will say that the person was weaving and/or speeding. Both of these scenarios raise a number of questions. Was the defendant driving erratically? Can the State actually admit the speed result into evidence. These are issues that Honolulu DUI / OVUII lawyer Richard L. Holcomb hotly litigates. The bottom line is that a police officer cannot just say that they don’t like the way the Defendant was driving. The State must prove that there were specific and articulable facts justifying the traffic stop. This is not a simple issue and, if charged with DUI or OVUII in Honolulu, you need to hire a competent lawyer who will fight for your rights, such as Attorney Richard L. Holcomb.
The second issue is whether the police officer had reason to ask you to step out of the car. In most jurisdictions, the police can ask a stopped motorist to step out of the car merely under the guise of “officer safety.” This is not so in Hawaii. The Hawaii Supreme Court has rejected this privacy intrusion. Most often, however, the police officers are able to justify the request to alight from the vehicle by swearing that they smelled alcohol and that the motorists’ eyes were red, bloodshot and glassy.
The third issue is whether or not there was probable cause to arrest the suspect. There are several cases in Hawaii that hold that, in most cases, probable cause will be found where the motorist fails properly administered field sobriety tests. In most cases, field sobriety tests are not properly administered. And often, reasons other than impairment (such as medical or environmental conditions) exist to explain poor performance on the field sobriety tests. Notably, if there is not probable cause, the State must ethically dismiss the case. Also, in order to determine whether the field sobriety tests were conducted properly, the Defendant needs a NHTSA DWI Detection and Standardized Field Sobriety Testing certified lawyer, such as Honolulu OVUII / DUI attorney Richard L. Holcomb. Unfortunately, many lawyers have not spent the time or money to learn about things as fundamentally important as Field Sobriety Testing.
Honolulu DUI / OVUII defense lawyer with a high success rate of winning drunk driving cases throughout Hawaii.
Many lawyers are hesitant to file Motions to Suppress. The problem is that the filing of a Motion to Suppress stays Rule 48. However, Mr. Holcomb has won a number of cases because the State is not ready to proceed on a Motion to Suppress. The proper sanction should be granting the Motion, at which point the case should be dismissed with prejudice. Further, suppression issues are one of the most fruitful areas of litigation for defense lawyers. Mr. Holcomb believes that they should be raised and not waived in hopes that the cops do not show up.
Rick Holcomb's knowledge on DUI helped me to maintain my confidence in him throughout my case. Rick committed to me like I was his only client and made his best efforts to make my case go as smoothly as possible. Rick never made me any promises on the outcome of my case and was very honest and upfront with me on all parameters...
- Steve D.
Court is a stressful, frightening experience. Richard carefully explained everything and had great professional rapport with the court which helped ease my tension with the process. Recommend highly!!
- Lisa B.
A+++Lawyer!!! Mr. Richard Holcomb and his agency helped me to get out from under the clutches of two creditors who threatened to sue me for funds I may not have even owed them. Mr. Holcomb kept me informed the whole way and got me two great settlements, even if it meant his firm got less.
- Brad B.
What is Operating a Vehicle Under the Influence of an Intoxicant?
This is Hawaii’s DUI law. You can be convicted of OVUII if you operate or have physical control of a vehicle and any of the following is true:
- You have an alcohol concentration of 0.08 on either a breath or blood test; or
- Your mental faculties are impaired by any amount of alcohol; or
- Your ability to operate a vehicle carefully is impaired by any amount of drugs.
As you can see, you don’t have to blow a certain number to be convicted of drunk driving in Hawaii. It will be enough if any amount of drugs or alcohol impairs your ability to drive safely.
Can I refuse to take a breathalyzer?
Yes. However, Hawaii (like virtually every other state) has an implied consent law. Essentially, this means you consent to take a breathalyzer when you accept a driver’s license. If you refuse to take the test, your license gets suspended for at least a year. That’s even if you aren’t convicted of DUI/OVUII.
Will I go to jail for a first-time DUI offense?
It’s possible, though not certain. If this is your first DUI offense, or the first in a five-year period, a judge can sentence you to 72 hours of community service, a fine between $150-1,000, or between 2 and 5 days in jail. Judges have discretion, so you might only receive the fine or community service or both and avoid any time in jail.
Will I lose my license for a DUI/OVUII conviction?
Yes. Your license will be revoked for one year if you are convicted of OVUII. However, you might qualify for a restricted license with the installation of an ignition interlock device.