2 different ways you can be prosecuted for drunk driving
Jonathan Burge Blog
by gturnercontentcustoms
1y ago
If you’re charged with operating a vehicle under the influence of an intoxicant (OVII) in Hawaii, that can actually mean different things, depending on whether you’re prosecuted as “impaired per se” or “impaired for the purposes of driving.” Understanding the differences between these two approaches can be key to informing your defense strategy, so here’s what you need to know. What does “Impaired per se” mean? Being impaired per se means that your level of intoxication alone is considered a violation of the law, regardless of whether your actual driving ability is affected. In this context ..read more
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What are alternative sentences for drunk driving?
Jonathan Burge Blog
by gturnercontentcustoms
1y ago
Drunk driving is a severe offense with far-reaching consequences, impacting not only the offender but also potentially endangering the lives of others. Traditional punitive measures such as fines, license suspensions and incarceration have long been the norm in dealing with such offenses. In recent years, there has been a growing recognition of the need to address the underlying issues often associated with drunk driving offenses, like substance abuse and addiction. This understanding has given rise to alternative sentencing options, where treatment programs and diversion strategies are adopte ..read more
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3 times when police officers are on high alert for drunk drivers
Jonathan Burge Blog
by gturnercontentcustoms
1y ago
Police officers in Hawaii consistently monitor the roads for warning signs of drivers who have had too much to drink. Those who have been arrested on driving under the influence (DUI) charges may have to pay hundreds of dollars to the state in fines and could end up in state custody. Their driver’s license is also potentially at risk. Obviously, neither local residents nor tourists want to deal with the stress and challenges generated by a DUI charge. There are certain times when motorists may be at increased risk of a DUI traffic stop and arrest. Understanding when officers are likely to be e ..read more
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What happens if you refuse to perform a breath test?
Jonathan Burge Blog
by gturnercontentcustoms
1y ago
There are multiple types of evidence that contribute to the state’s case against you when you face driving under the influence (DUI) charges in Hawaii. Although someone’s behavior at the wheel and their performance on a field sobriety test may contribute to the allegations against them, the results of a chemical breath test are often the final piece of evidence necessary to justify arresting someone and bringing impaired driving charges against them. Given that breath tests play such an important role in prosecution, many people would prefer to not undergo breath testing if possible. However ..read more
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Will a basic traffic citation affect your immigration rights?
Jonathan Burge Blog
by gturnercontentcustoms
1y ago
There are thousands of immigrants living in Hawaii, many of whom would like to stay in the United States. Whether you currently have a visa or a green card, your goal may be citizenship or to live the rest of your life in the country. Most immigrants understand that criminal convictions could prevent them from naturalizing or adjusting their status to become permanent residents. Serious offenses might even lead to someone’s removal from the country. There is some degree of personal interpretation involved when evaluating the seriousness of a criminal offense to determine if it will affect some ..read more
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2 times a DUI charge could cost you your job
Jonathan Burge Blog
by gturnercontentcustoms
1y ago
Drivers in Hawaii know that it is illegal to get behind the wheel when they have had too much to drink. Driver’s education and public awareness efforts have made such information ubiquitous. However, driving under the influence (DUI) charges remain some of the most common criminal infractions in the state. Police officers are quick to arrest those who appear to be under the influence on the road or after causing a crash. Prosecution for a DUI offense can lead to numerous penalties, fines, jail time and license suspension. For some individuals, one of the secondary consequences of a DUI convict ..read more
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How can you move on from a criminal record in Hawaii?
Jonathan Burge Blog
by gturnercontentcustoms
1y ago
Every criminal charge in Hawaii carries different penalties, ranging from fines to jail time and community service and probation. Many people fixate so completely on jail and other criminal penalties that they fail to consider the secondary consequences of the criminal charges against them. Some people learn the hard way that having a criminal record can be as damaging to your future as spending time in state custody. A criminal record will affect whether you can enroll at institutions of higher education and obtain financial aid. It can limit your job opportunities and even keep you from rent ..read more
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Insurance increases are a reason to fight traffic tickets
Jonathan Burge Blog
by gturnercontentcustoms
2y ago
Traffic citations or tickets are essentially accusations of misconduct. The police officer who issued the ticket effectively uses the citation to accuse you of violating Hawaii’s traffic laws. The penalty for most traffic infractions will be a financial fine. When you pay that fine, you have effectively pleaded guilty to the alleged traffic offense. Hawaii has gotten rid of the cumulative points system that once applied to traffic infractions. You don’t have to worry about a fixed number of points accruing on your record for every ticket you pay. Instead, the state now has the discretion to re ..read more
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What can you expect after you’re arrested?
Jonathan Burge Blog
by gturnercontentcustoms
2y ago
When you’re arrested, you need to know that you have rights to protect from that point forward. You need to be quiet, not say anything that could harm your case and consider getting legal support. After you’re arrested, you can expect four things to happen. Here is what to keep in mind if you face an arrest. Going to jail The first thing to expect if you’ve been arrested is to be taken to jail. You may be taken to the hospital instead if you’re dealing with a medical problem, but for most standard arrests, jail will be the first stop. Getting searched Many people don’t realize this, but before ..read more
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When are the police on “high alert” during the year?
Jonathan Burge Blog
by adarsh.mp@thomsonreuters.com
2y ago
Every year, there are certain days where drunk drivers are more likely to be on the roads. Those times are also when the police are on “high alert,” meaning that they are actively looking for people to make mistakes when driving and for ways to stop those who may be putting others at risk of crashing. The most dangerous days for DUIs in America primarily fall between Thanksgiving and New Year’s Day. On New Year’s Day, it’s expected that drunk driving-related deaths will increase by around 129%, which makes it the most dangerous day out of the year for drivers and their passengers. Which holida ..read more
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