SPEEDING, FAILURE TO SIGNAL AND OTHER TRAFFIC VIOLATIONS
Most DUI criminal cases originate with a vehicular stop for a traffic violation. Thereafter, the police officer who made the stop observes the driver's appearance and actions, detects the "odor of an alcoholic beverage" on the driver's breath, orders the driver to step out of the vehicle, and asks the driver to perform a field sobriety test. When the driver fails the field sobriety test, the driver is arrested and taken into custody.
After the driver bails out of jail, the driver is given a bail receipt that has "291-4", the section the Hawaii Revised Statutes that prohibits driving under the influence of intoxicating liquor, written on it in a section of the bail receipt entitled "charge." The bail receipt also has an arraignment date written on it. Some arrestees incorrectly assume that because the bail receipt only mentions the DUI charge, that is the only charge they will be facing in the criminal case.
It is standard HPD practice to only mention the DUI at the time of the arrest. Before the arraignment, the Department of the Prosecuting Attorney will review the police reports for the arrest and decide which, if any, additional traffic violations will be charged. The arraignment is the point in the criminal case at which you notified about which, if any, additional traffic violations you will be charged with.
In most DUI cases the defendant will also be charged with whatever traffic violations prompted the vehicular stop. At the arraignment, it is usually good strategy to plead not guilty to all such traffic violations.
The following links provide the statutory language, and /or other information, about traffic violations that often are associated with DUI cases.
SPEEDING
CROSSING OVER A SOLID LINE
FAILURE TO DRIVE AS MUCH AS PRACTICABLE WITHIN A SINGLE LANE
FAILURE TO STOP AT A STOP LIGHT OR STOP SIGN
NO VEHICLE REGISTRATION (OR LAPSED VEHICLE REGISTRATION)
DRIVING WITHOUT A LICENSE
DRIVING ON A SUSPENDED LICENSE
DRIVING WHILE LICENSE IS SUSPENDED OR REVOKED FOR DUI
RECKLESS DRIVING
INATTENTION TO DRIVING
Contact Mr. Mac Master today to discuss these important issues!
(808) 531-8080
click below to send e-mail to Mr. Mac Master