THE CRIMINAL CASE
HRS § 291E-61 is the Hawaii statute that prohibits driving under the influence of alcohol - or any other "intoxicant."
HRS § 291E-61
states:
Operating a vehicle under the influence of an intoxicant. (a)
A person commits the offense of operating a vehicle under the influence of an intoxicant if the
person operates or assumes actual physical control of a
vehicle:
(1) While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against
casualty;
(2) While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;
(3) With .08 or more grams of alcohol per two hundred ten liters of
breath; or
(4) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of
blood.
If this is your first DUI arrest, the criminal case against you will probably
be prosecuted in a state District Court. If you were arrested on a military base, or federal property, the criminal case against you will probably be filed in the United States District Court for the District of Hawaii (i.e. the federal court).
See Federal Criminal Cases.
Both a state District Court case, and a federal court case, start with a hearing called an "arraignment". If you posted bail, your arraignment date will usually be written on your bail receipt. If you intend to fight your case, your arraignment is basically just a scheduling event. At the arraignment, you may also be charged with additional traffic offenses or criminal charges.
However, the Honolulu Police Department's current general practice is to issue a
written citation (i.e. a "Notice Of Infraction") for any associated moving
violations or equipment violations (e.g. speeding, failure to obey a traffic
control device, no safety check etc.) Any such associated written
citations must be paid or contested. Failure to contest a written citation
in a timely manner can be construed as a waiver of the right to do so.
Contact Mr. Mac Master for more information concerning how the issuance of an
associated written citation can generate a third separate and almost entirely
legal independent legal proceeding from one DUI arrest.
If you are going to fight your case, at the arraignment, you enter a plea of "not guilty" and request a trial date. If you retain Mr. Mac Master, it will usually not be necessary for you to personally attend the arraignment. The Court will generally allow Mr. Mac Master to enter the "not guilty" plea for you and to request a trial date. Trial dates are usually scheduled between four to eight weeks after the arraignment.
If this is your first DUI arrest, your trial will probably be heard and decided by a judge, without a jury. The prosecution will have the burden of proving it's case against you "beyond a reasonable doubt".
To meet it's burden of proof, the prosecution must present the testimony of each witness that it needs to prove it's case. It will almost always be necessary for the prosecution to produce the officer who arrested you to testify against you at trial. If the prosecution wants to use breath test evidence against you, it usually must produce the testimony of at least two witnesses: (1) the officer who arrested you; and (2) the officer who operated the breath test machine. The prosecution may also want to offer the testimony of
other officers who participated in your arrest and the processing. The
prosecution may also want to use testimony from the officer who did the accuracy verification testing that was done to ensure that the machine was giving accurate readings. Many DUI defendants have avoided conviction merely because an essential witness was not available to testify at trial. No one who pleads guilty avoids conviction.
If you are truly innocent, it may be possible to defend your case on it's merits. Even if you were driving under the influence when you were arrested, your case may still be able to be defended successfully. The Constitution of the United States of America, and the Constitution of the State of
Hawaii, protect you from unreasonable searches and seizures. If the police lacked "reasonable suspicion" to stop your vehicle, all evidence resulting from the vehicular stop may be able to be suppressed. If you were stopped at "an intoxication control roadblock" that was not
established and operated in compliance with sections 291E-19 and
291E-20, all evidence resulting from the stop may be able to be suppressed. If you were ordered out of your vehicle, subjected to police questioning before the officer observed "sufficient facts to believe that a crime had been committed", incriminating evidence may be able to be suppressed. If a breath test, or a blood test, was not performed in a manner that complies with the requirements of Title 11 Chapter 114, the prosecution may be blocked from presenting evidence of the test result. If a horizontal gaze nystagmus test was not performed in accordance with the applicable standards established by the National Highway Safety Institute, the results of the test may be able to be suppressed. If any of the witnesses against you lack a sufficient "present recollection"
of the events about which they are being asked to testfy, their testimony may be
able to be precluded. If the police arrested you, then failed to "read you your rights", self-incriminating statements may be able to be suppressed.
In our country, all persons charged with committing a crime are innocent until proven guilty. You are legally innocent unless you are proven guilty. Even if you were DUI, Mr. Mac Master may be able to help you to "stay innocent" by avoiding a conviction. Remember, it is not up to you to prove you are innocent. It is the prosecution's burden to: (1) prove that your are guilty; and (2) prove it beyond a reasonable doubt.
Contact Mr. Mac Master today to discuss these important issues!
(808) 531-8080
click below to send e-mail to Mr. Mac Master
alohaleg@pixi.com
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