Why Hire Rick?
Most people want to know: can you help ME? The answer will depend on the facts of your DUI case. However, Honolulu DUI Lawyer Richard Holcomb has won many cases that his clients believed were impossible. Some notable victories are listed below:
*Victories having an impact on all DUI cases:
Honolulu DUI or OVUII lawyer Richard L. Holcomb won the dismissal of an estimated 1500 Hawaii OVUII/DUI cases. The Hawaii Supreme Court had held that all complaints charging traditional DUI / OVUII violations were defective because the document did not include the requisite mental state necessary to commit the offense. The lower courts were simply allowing the state to amend those defective complaints. Mr. Holcomb challenged this procedure and the Hawaii Supreme Court agreed that the cases should be dismissed.
Won the right to appeal all District Court dismissals without prejudice in a unanimous Hawaii Supreme Court Opinion. Mr. Holcomb believes this is the most important recent decision affecting Honolulu DUI cases. Even if the case is dismissed because the State did not do what it is supposed to do, Honolulu DUI (District Court) judges generally dismiss the case without prejudice regardless of the facts of the case. This means that the State can simply re-file charges against you – leaving you to have to do it all over again. The ability to appeal these decisions frustrates this unfair procedure.
Only Honolulu lawyer who dared challenged and has since forced the prosecutor to remove an illegal “agreement” from discovery disclosure forms. Other lawyers actually signed a form agreeing to wrongfully provide the prosecutor with the “theory of defense,” in order to obtain what the prosecutor has to provide the defense lawyer anyway. This challenge caused the dismissal of at least two cases.
*Specific case victories:
Judgment of Acquittal where defendant purportedly ran a stop sign, almost striking another vehicle and then allegedly laughed about it.
Second (2nd) DUI dismissed with prejudice following the granting of a motion to suppress where the State was not ready to proceed.
2nd DUI dismissed with prejudice following State discovery violations. Client hired Mr. Holcomb for representation on the 2nd DUI and Mr. Holcomb has now challenged the first DUI and is awaiting an appeal decision.
Motion to Suppress in 2nd DUI granted and case dismissed with prejudice where a 911 caller did not have the requisite first person knowledge. (Generally, 911 callers must have the suspected impaired motorist in their field of vision). Client had taken a breath test with a result of .26!
DUI dismissed with prejudice following a suppression hearing when the State failed to subpoena its officers the first time and the second time the primary officer was sick
2 DUI’s dismissed with prejudice within two weeks at suppression hearings
Within a month’s time, 3 DUI’s dismissed without prejudice as a sanctions to the State before trial was even scheduled
DUI thrown out following failure to provide discovery on part of State, who wrongly alleged they did not receive requests.
Most of the victories above were achieved before trial. The State is, fairly consistently, not ready to proceed at pre-trial hearings. Yet, even the one time they were ready recently, Richard Holcomb won the hearing. The judge found that the State had not proved that the Defendant was actually the person driving when traffic accident (vehicle collision) occurred.
DUI charge following a traffic accident rendering the Defendant unconscious dismissed.
DUI Roadblock thrown out for lack of proper media notice. This means that all evidence following the roadblock traffic stop could not be used against Defendant. Thus, the State had to dismiss the case.
DUI for international student dismissed as sanction where state failed to meet motions deadline
DUI dismissed with prejudice for Junior Officer (Army Lieutenant) despite the State having been “ready” at several appearances
Vehicular accident where defendant was unconscious and taken to the hospital – dismissed!
Convinced Court that State failed to establish that .177 BrAC (breath test result) was reliable or admissible – client found at trial not to be a “highly intoxicated driver!”
Numerous dismissals for Rule 48 violations – six month time limit in which the State must try the case. Usually, if the police officers appear, the State is “ready” for trial and trial must proceed. Often, however, Rick Holcomb is able to obtain dismissals for Rule 48 violations, even where the State is or has been ready to proceed.
Alleged Refusal dismissed from ADLRO proceedings!
2 year license revocation imposed by ADLRO overturned on appeal.
Alleged Refusal reduced to four month suspension in ADLRO proceedings!
“Highly Intoxicated Driver,” under the pre-2011 DUI statute, DUI thrown out following prosecutor’s discovery violations.
DUI charge following an accident from which the client fled was dismissed despite the fact that the accident occurred while awaiting the court date for the client’s first DUI.
Two DUI charges dismissed despite both were charged within a two-week period.
Assisted in obtaining Deferred Prosecution where highly intoxicated defendant assaulted victim with a beer bottle causing serious and permanent injury to victim’s face.
Numerous ADLRO victories both substantively and because the officers failed to appear.
National Reputation – speaking, writing, and publications
Currently co-authoring “Hawai‘i DUI Defense: The Law and Practice” with nationally renowned DUI Defense Lawyer, James Nesci. The first (and only) Hawaii-specific DUI legal treatise
Three nationally published articles in “The Champion Magazine,” the national publication for the National Association of Criminal Defense Lawyers
NHTSA certified DWI Detection and Standardized Field Sobriety Testing standard course
Graduated Intoxilyzer 8000 Operator’s Course
Graduated Harvard Law School’s National College for DUI Defense Lawyer’s Summer Session 2011-2012
Active Member of National College for DUI Defense
If you need a lawyer for a DUI or OVUII charge, other criminal charges, serious personal injury, or immigration needs call us today to setup an appointment for free consultation.