What is the ADLRO and why are they taking my license?
The ADLRO is in place to take driver’s licenses away from people who have been charged with OVUII. The Hawaii legislature decided that arrestees are too dangerous to be allowed to drive because they may drive drunk again. The legislature established the ADLRO to quickly take people’s licenses away after their arrest outside of court.
However, the Hawaii Supreme Court has rightfully held that the government cannot just take people’s licenses away without providing what is called due process of law. Due process in this context means that you (or your lawyer) are permitted to make the cops involved in your case testify at the ADLRO hearing. This is a huge advantage for at least three reasons:
1. About half the people who hire Mr. Holcomb for their ADLRO will win automatically. The way you win automatically is that if a police officer (who is essential to the case) does not appear three times, the Hearing Officer will almost always strike that officer’s portion of the reports from the case file. Without that police officer’s part of the reports in the record, the ADLRO will not have the information in the record to revoke your license. They will literally give it back to you.
2. Even if Mr. Holcomb believes there is no way you can win your ADLRO hearing, the process is still important. This is an opportunity to make the cops testify under oath to what happened in your case. This way there are no surprises at a later criminal trial. Many lawyers will subpoena the cops to the ADLRO and then waive their testimony when they show up. This is foolish. Mr. Holcomb has uncovered a lot of information that helps to win the criminal cases by doing the work necessary at the ADLRO.
3. The Hearing Officer does not have a lot of discretion. So, even if they are mad at you for trying to win, they can only revoke your license for the period of time defined in the statute. For a first offense, this is a one year revocation. If you are to drive during the one year period, you will have to install an ignition interlock device (which is like a breathalyzer for your car) and a State ID. Then you can apply with the ADLRO for the permit that allows you to drive so long as the device is in your car.
The cards are stacked against you at the ADLRO. You are essentially presumed guilty and must prove that you are innocent. Further, most people do not have the resources or knowledge to even subpoena the police. You must request a hearing within the permitted time so act now! You need a competent attorney such as Richard L. Holcomb. Even if the inconvenience of driving with the device is not that big of a deal to you, you should still take advantage of the process. Call today. (808) 545-4040