Limited Liability Law Corporation
Richard L. Holcomb Attorney At Law
DEDICATED HAWAII CRIMINAL DEFENSE LAWYER
Holcomb Law, LLLC
HONOLULU DUI / OVUII DEFENSE ATTORNEY
808.545.4040
1136 Union Mall Suite 808 Honolulu, HI 96813
Holcomb Law, LLLC, a limited liability law corporation, is owned and operated by Honolulu DUI attorney, criminal defense lawyer, and personal injury lawyer, Richard L. Holcomb. In addition to serving all of Honolulu City and County, including the entire island of Oahu and appearing in all courts on Oahu, including the District Courts at Kaneohe and Ewa, Mr. Holcomb is a Hawaii DUI attorney, criminal defense lawyer, and personal injury lawyer. Mr. Holcomb serves the islands (counties) of Hawaii, including Kona and Hilo, Maui (Lanai), and Kauai.
LOCALS, KAMA 'AINA, MILITARY, AND TOURISTS ARE ALL WELCOME.
DISCLAIMER: The information on this website should not be construed as legal advice. Any information submitted by our online intake form does not create an attorney-client relationship between you and The Law Offices Of Rick Holcomb, until you sign a contract of representation. Although we cannot guarantee that information sent over the internet will not be intercepted, we will keep the information confidential once it is received by our office.
Holcomb Law, LLLC © 2012 All rights reserved.
Honolulu DUI Defense Lawyer
What will happen in my misdemeanor case?
(DUI or OVUII in the Hawaii Criminal Justice System)
For many of Mr. Holcomb’s clients, their DUI or OVUII arrest is their first, and hopefully last, interaction with the Hawaii Criminal Justice System. For others, this may be there second or third DUI or OVUII charge. The first, second, and third DUI or OVUII charges are misdemeanors in Hawaii. That simply means that they are punishable by less than one year imprisonment (See the “Penalties and Punishment” section of this website). The following is a summary of what will happen and what to expect.
The steps from the traffic stop to trial are:
STEP 1: The Traffic Stop
An officer must have at least “reasonable suspicion” in order to stop your vehicle for the purposes of conducting an investigative stop. Reasonable suspicion is more than a hunch and requires the officer to point to “specific and articulable facts” as to why he pulled you over.
Of course, if the officer sees you commit a traffic infraction, the officer may pull you over as he or she has “probable cause” that an offense has been committed. Although difficult to articulate, “probable cause” simply put means that it is more likely than not that you have committed an offense.
STEP 2: The Arrest
Reasonable suspicion is insufficient to actually arrest you. The officer must have probable cause. While an officer’s observations such as bloodshot eyes and the smell of alcohol are generally held to create reasonable suspicion, usually those observations alone do not amount to probable cause. Creating probable cause is the primary purpose of the Field Sobriety Tests.
*Steps 1 and 2 are generally referred to “search and seizure” issues. Mr. Holcomb has extensive search and seizure litigation experience and has written nationally publicized articles addressing cutting edge search and seizure issues for professional journals.
STEP 3: In Jail
You will generally have been released from jail before contacting a lawyer. Usually, you will be released on your own recognizance or after posting a small bail to ensure your appearance. However, Mr. Holcomb has represented a number of clients who were incarcerated pending trial and has that capability.
STEP 4: Arraignment
Next you will be arraigned. At your arraignment you may enter a plea of guilty or no contest. Then you will be sentenced.
Your other option is to plead not guilty and hold the State to its burden of proof. They must prove that the officer was justified in stopping your vehicle and arresting you. Additionally, they must prove beyond a reasonable doubt, the highest standard recognized in law, that you committed the offense of DUI or OVUII. Even if you believe that you are guilty, you may be innocent as a matter of law.
DUI / OVUII Defense Attorney in Honolulu
STEP 5: Trial
If you plead not guilty, you will proceed to trial. Sometimes, your attorney will be able to negotiate a satisfactory agreement with the prosecutor. However, a good attorney, such as Mr. Holcomb, will assume each case is going to trial and prepare accordingly. In Hawaii, the entire proceeding occurs in District Court and without a jury. This underscores the necessity of hiring a competent DUI or OVUII defense attorney, such as Mr. Holcomb. You must know what evidence to challenge and how to challenge the evidence. Unlike some states, there is no appeal to the Circuit Court. Unless overturned on appeal, the decision entered by the District Court will become final.
STEP 6: Appeal
If you are dissatisfied with the result in District Court, you may appeal to the Intermediate Court of Appeals. Mr. Holcomb prides himself with his appellate practice and has handled highly complex appeals in Hawaii, the mainland, and federal courts. Sometimes a conviction occurs because of a bad decision on the part of the Circuit Court, and the appellate court may reverse that decision relieving you with a new trial or even dismissal! Mr. Holcomb is well prepared and highly experienced as an appellate lawyer.
