Q: I was arrested for DUI but the officer did not read me the Miranda rights. Didn't the officer have to read me my rights?
A: In the usual DUI case, a Miranda warning is not required. The Miranda rights are required if the police choose to interrogate a suspect in custody. In the usual DUI case, the police is usually focused on gathering physical evidence, such as your performance on field sobriety tests and a breath/blood test.
There are exceptions. Sometimes, the police need a confession (for example, to establish who was driving during a motor vehicle collision). In those situations, the police may provide a Miranda warning.
A: No. It might be tempting to tell your side of the story to the ADLRO but it would not be in your best interests to do so. You do not know what the police reports say. If the evidence is weak, you would not want to unknowingly provide more evidence to the case.
Q: Are there any important deadlines I should know about?
A: Yes, if the ADLRO issues a decision to revoke your driver's license, you have 6 days to request a hearing in order to get a hearing within 25 days of the arrest. If you missed this deadline, any request for a hearing must be submitted within 60 days after the arrest.
Q: How can I find out more about the ignition interlock device?
A: The ignition interlock devices are provided by Smart Start. The website provides a list of locations on Oahu where you can take your vehicle to have the device installed. An appointment is recommended.
Q: Do you handle other types of cases?
A: Yes, I can defend cases ranging from traffic infractions to serious felonies. I have handled jury trials as well as judge-only trials.
Q: Do you offer a free consultation?
A: Of course! Just contact me.