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Richard L Holcomb

Richard Holcomb’s Answers

12 total


  • Will my Hawaii Drivers License get suspended?

    I had DUI in 4 years ago and yesterday got a sppeding ticket(going 75 in 50 zone for $182 fine). Will my license get suspended with the combination of DUI 4 years ago and this speeding ticket?? I hold a Hawaii drivers license and live in Honolulu.

    Richard’s Answer

    One speeding ticket following an old (and completed) DUI should not result in suspension of your license absent unknown circumstances.

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  • What can happen if i get two dui's in hawaii

    i got two dui's within a eight month period , between nov,17,06 and may,6,07

    Richard’s Answer

    Your question is a little vague. Most Hawaii lawyers will offer a free consultation, myself included. The punishment and penalties you face will change in July. Mainly, it will require you to a breath machine in your car before getting a restricted license. If you've had three total convictions or even dismissals, you may not be able to get a restricted license in Hawaii.

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  • Should I get a lawyer for an open container violation in the State of Hawaii? It was outside of a vehicle at a beach park.

    I was cited for a violation of Section 40-1.2 of Hawaii State Law. I was at the beach and there was a campfire and several open containers. No one was drinking at the time. I had not been drinking however I was several feet from an open beer bottl...

    Richard’s Answer

    In my opinion, you should always at least CONSULT with an attorney. Most Honolulu attorneys will give you a free consultation. It is difficult to know whether it is a criminal or civil case without some legal expertise. Even if it is a civil case, you might still have to disclose the situation to a future employer. Good Luck.

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  • Was stopped for dui, passed field sobriety, but taken in anywy. blew hot.

    I got a lawyer and the charged was redused to reckless driving. On a job interview or resume, do I need to say I was arrested for DUI or just say charged with reckless driving.

    Richard’s Answer

    Very few employment opportunities will ask if you were arrested, particularly for a misdemeanor. However, those jobs do exist. Read what they are asking for. Have you been convicted of a felony? No. Have you been convicted of a misdemeanor? Yes - Reckless Driving. Have you ever been arrested? Yes. What were you arrested for? DUI. What were you convicted of? Reckless Driving. If it says please explain, say I was charged with DUI despite passing FST's. Therefore, I was convicted only of reckless driving.

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  • Illegal immigrant hoping to gain citizenship through American citizen fiance who just received a DUI

    I am in love with an American citizen who recently got a DUI, but was willing to help me with my citizenship(I am an illegal Immigrant). What are my chances of attaining residency in the states now?

    Richard’s Answer

    I agree that your fiance's DUI should have little or no bearing on your ability to become a naturalized citizen. However, as the other answers suggest, many factors MAY have some bearing. You should contact an immigration lawyer to assist you.

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  • DUI and Citizenship

    My dad currently has a DUI on his abstract that dated back three years ago. Currently he is approaching his retirement date and wants to finally apply for citizenship. My dad wanted to know if his chances of getting his citizenship will be slimmer...

    Richard’s Answer

    I might suggest you post the same information on an immigration blog. DUI generally should not prevent citizenship. However, DUI defense lawyers may not be the best people to help you with this issue. You might seek out an immigration specialist.

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  • I recevied a dui in CA can i do the sherrifs work program or the jail time in another state ?

    I was only working in Alemeda for a couple months. When i recevied a dui. The job was completed before i could do the program so i had no choice but 2 head home.

    Richard’s Answer

    You should contact your California Lawyer to help you work out getting the permission.

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  • My liscence wasn't revoked because the breathlyzer machine wasn't accurate for the officer what does this mean on the criminal

    The letter from aldro said that the sworn statement of the officer giving the breathalyzer test wasn't for that machine

    Richard’s Answer

    This may create a great issue in both your criminal and ALDRO cases. However, you can be convicted of being "intoxicated," not just for having above a .08. In other words, the State may prove that you were "intoxicated" even though they cannot prove your BAC was above .08. Check out my AVVO.com profile and my website: honoluluduilawyeronline.com. You may call me at (808)783-8438. Rick Holcomb

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  • I had DUI dismissed a year ago without prejudice. I just got arrested for another one. Does this count as a first offense or 2nd

    I was not convicted and also paid last year to have my arrest records expunged. But my bail was set to $1000 (twice of what it was the first time). Does that mean i was charged with a 2nd defense?

    Richard’s Answer

    While it could be used to enhance your sentence, as discussed above, I don't think you should currently be charged with a second offense DUI. However, ALDRO sees things differently. Instead of counting CONVICTIONS against you, they calculate alcohol-related CONTACTS. Thus, for the purpose of losing your license in an administrative hearing, this will be viewed as the second time, adding a large amount of time to loss of license. You may call me to discuss this further if you wish. My number is (808) 783-8438.

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  • OWI, IN - Was not at my car and did not drive intoxicated, added with PI, which I am guilty of. Advice?

    The night before my wedding, my wife took me home after 1-2 glasses of wine. We sat at home, and i left to get cigs 2 hours or so after the wine. On the way home I hit a deer, I pulled over and walked miles to her house (no phone on me). When I...

    Richard’s Answer

    Different States have different statutory elements for the crimes of both DUI and PI. One element of DUI shared by most states is "control over the vehicle." Different courts define what those words mean, i.e., what do you have to do to control the vehicle. Indiana will no doubt have cases addressing that very subject. You need to hire a qualified DUI attorney. I'd start by looking at the National College of DUI Defense website ("NCDD") to find a member attorney in Indiana.

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