Frequently Asked Questions
Yes. A skilled DUI / OVUII lawyer such as Honolulu DUI Attorney Richard L. Holcomb can help you. DUI is a very complicated charge. Your lawyer must know the science and law specific to DUI / OVUII cases in order to minimize your chance of getting convicted. There may be facts in your case that you would not initially believe would be helpful to your case. For example, in 2009, the Hawaii Supreme Court effectively dismissed 1500 DUI / OVUII cases because “a person of common understanding” would not understand the complaint. In other words, most people would not have even understood the charge of DUI / OVUII. This type of technical legal issue underscores the importance of hiring a competent DUI / OVUII lawyer, such as Mr. Holcomb. There are also cases where the Defendants Fourth Amendment rights were violated. The remedy for Fourth Amendment violations is suppression of evidence. Thus, in most cases where suppression is granted, the State does not have any evidence left to present and the case is dismissed. Further, many people win their cases simply by playing the game (see the Rule 48 discussion on this website). DUI / OVUII can have serious lasting consequences. If you are charged with a DUI in Hawaii, you should hire a qualified DUI / OVUII lawyer such as Mr. Holcomb. Call today for a free consultation at (808) 545-4040.
Attorney’s fees will vary depending on the facts of your case and the charges brought against you. Holcomb Law, LLLC is not the “cheapest” law firm for your DUI / OVUII. Attorney Richard L. Holcomb is dedicated to his clients and purposely takes a limited number of cases each month. Mr. Holcomb strives to leave “no stone unturned” when representing his clients and can only do so if Holcomb Law limits the number of cases they take each month. Accordingly, you can find a cheaper lawyer. However, a person faced with a DUI / OVUII charge should consider value rather than price. Many “puppy mill” type law firms will take 20 or 30 cases per month. Your case is just a number. And often, very little preparation will be devoted to your case and other important fundamental steps will not be accomplished. Mr. Holcomb resolved long ago to do everything he can, within the bounds of ethics and the law, to minimize your chances of being convicted. Because this requires more work, Mr. Holcomb must charge a higher fee than the “puppy mills.” However, Mr. Holcomb and his clients believe that there is more value in the higher fee because of the amount of individual attention Mr. Holcomb’s cases deserve and receive. Further, as an active member of the National College of DUI Defense Lawyers, Mr. Holcomb spends thousands of dollars each year and weeks of his time to ensure that he is educated on cutting edge DUI / OVUII issues. To learn more, schedule a free consultation today at (808) 545-4040.
Your DUI charge was probably dismissed without prejudice. This means that the State can re-file the case against you. They have to serve you with a new complaint and penal summons. This is why the cops are calling and/or showing up at your home or workplace. This is an unfair procedure in Mr. Holcomb’s opinion and Mr. Holcomb has been fighting against this procedure for some time. Most recently, Mr. Holcomb won the right to appeal dismissals without prejudice in a unanimous summary opinion from the Hawaii Supreme Court. This means that, at the very least, an appellate court can review the decision to dismiss your case without prejudice. The type of parameters the appellate courts will define to guide the lower court judges in deciding to dismiss your case with or without prejudice is as of yet unknown. However, the ability to seek appellate review is a very important first step. You should also know that the day that the complaint is filed triggers the new Rule 48 period. In other words, in ordinary cases, the State will have six months from the filing of the new complaint in order to try your case. Finding you and serving you with the necessary papers often takes up a lot of this six month time period. Many Defendants will win their newly filed cases “automatically” because Rule 48 will have expired at the time of the new trial date. If a DUI / OVUII case has been re-filed against you, call Attorney Holcomb for a free consultation at (808) 545-4040.
I got a DUI conviction a long time ago.
Unfortunately, Hawaii law does not allow expunction of convictions. However, in some cases, Defendants are entitled to post-conviction relief. This procedure is governed by Rule 40 of the Hawaii Rules of Penal Procedure. As of this writing, Mr. Holcomb has a very important case pending before the Hawaii Intermediate Court of Appeals. If this issue is resolved favorably, it may be that all persons convicted of DUI / OVUII before November 2009 might be entitled to have their convictions overturned. This is obviously a very important issue and it is currently unknown how this matter will be resolved. In addition, there are a number of legal issues that could have occurred to entitle you to some form of relief. Examples are ineffective assistance of counsel, prosecutorial misconduct, improper procedure, and newly discovered evidence. These types of issues will depend on the specific facts of your case. Such litigation can be costly and time-consuming. However, it could potentially result in the extraordinary relief of having a conviction removed from your record that, otherwise, would remain on your record forever. For a free consultation, call Honolulu DUI / OVUII lawyer Richard L. Holcomb at (808) 545-4040.
If you were convicted of DUI / OVUII, you were likely sentenced (or the ADLRO imposed) to some form of substance abuse evaluation and/or classes. Often, DUI / OVUII defendants are unaware or forget about these requirements. These are important because now states report these outstanding obligations to other states. The result is usually a stopper being placed on the renewal of a driver’s license. In other words, the state that issued the driver’s license will not renew the driver’s license because the State of Hawaii has reported to the issuing state that these obligations have not been met. Mr. Holcomb has had out-of-state inquiries from people who had literally been driving for years following their Hawaii DUI / OVUII convictions only to find that, when their license expires, the state will not renew it. An important starting point if this happens to you is to call the Division of Driver’s Education at (808) 534-6400 and/or the ADLRO (808) 534-6800. Most often, if you can identify the outstanding requirement that was not met, you can easily resolve the matter.