Top Five Reasons to fight your Honolulu DUI OVUII charge:
A number of people ask, can I really win my case? The answer is “yes.” Mr. Holcomb has the highest known success rate in Honolulu. Over 98% of his cases are dismissed. These are people just like you, who may or may not have “good” facts in their case. In fact, Mr. Holcomb does not advise people to plead guilty. IF YOU PLEAD GUILTY, THE OVUII CONVICTION WILL REMAIN ON YOUR RECORD FOREVER ABSENT EXTRAORDINARY CIRCUMSTANCES.
Here are five reasons it makes sense to go to trial in your OVUII case:
1. You may win! A number of people are acquitted every day in Honolulu. Some judges are better than others, but your chances of winning at trial with today’s judges are much better than they were in the past.
2. For a first OVUII, you will be sentenced to a substance abuse evaluation, a 14-hour class, a one year license revocation (if the ADLRO does not take your license), court costs and fees of approximately $500, and a fine of up to $1000. $1000 is the cap so it does not really matter if the judge is angry with you, or alternatively whether the judge likes you and wants to help you out. These sentences are mandated by the law. The judge may impose jail or community service but first time offenders are not generally sentenced to jail on Oahu. Community service, if imposed, is usually 72 hours.
3. You can appeal. Mr. Holcomb files extensive motions asking the Court to order the State to produce evidence, or suppress (not allow the State to use evidence) against you. The reason for these motions is that this builds you a safety net. If you lose at trial, you can appeal and because Mr. Holcomb filed all of these motions, you have meaningful issues to raise. IF YOUR LAWYER DOES NOT RAISE THESE TYPES OF LEGAL ISSUES IN THE DISTRICT COURT, THE APPELLATE COURT WILL LIKELY HOLD THAT THE ISSUE HAS BEEN WAIVED.
4. The sentence cannot be executed against you until the appellate courts find that you lose. In other words, you do not have to complete the sentence (including license revocation) until you appeal, and then only if you don’t win. This is required by statute. Appeals could take three years or longer.
5. In several of Mr. Holcomb’s cases, the State has not been “ready” at the last minute. For example, the State once told the judge that it had its witnesses present yet when it came time to go to trial, the State found that its witness had left. The case was dismissed with prejudice. This would have never happened if the client had not decided to go to trial.
Call Rick Holcomb today. (808) 545-4040