Monday , August 21 2017
Home / Hawaii DUI News / The Administrative Driver’s License Revocation Office (ADLRO) has taken my driver’s license away, is there a way I can drive while the hearings are taking place?

The Administrative Driver’s License Revocation Office (ADLRO) has taken my driver’s license away, is there a way I can drive while the hearings are taking place?

The ADLRO process is administrative in nature.  The hearing officers are not judges and the rules of evidence do not apply.  The system assumes the officer acted properly and the ADLRO will ratify that with a cursory review.  Thereafter you might fight to regain your license.   It is, already revoked when the officer took it.  While the administrative process is going on, you may be entitled to a temporary permit if, the officers, after your attorney serves subpoenas on them, fail to appear.  Otherwise, if the hearing must be continued or subpoenas were unable to be served then either you can’t drive at all, or you have an ignition interlock device in your car and get an ignition interlock device permit from the ADLRO, then you may drive that car with the device.  If you don’t have the device and permit or a temporary permit, and the ADLRO process is still ongoing and the revocation has not yet been rescinded, then driving is a new crime.

The Contributor is Kevin O’Grady esquire. Kevin O’Grady practices in Honolulu, Hawaii, has been in practice since 1997, is a former prosecutor, a member of the National College for DUI Defense, the NACDL, and HACDL and he is a Major in the U.S. Army reserve as a Judge Advocate. His practice is 90% DUI and traffic related. He focuses on DUI, criminal defense, and Courts-Martial. He can be reached at 1-800-DUI-CASE, 808-521-3367, WWW.CriminalAndMilitaryDefenseHawaii.Com, or Paralegal1@CriminalAndMilitaryDefenseHawaii.Com

About Kevin O'Grady

Kevin O'Grady
Kevin O’Grady has a practice that is more than 90% DUI defense. For DUI criminal charges in Hawaii state and federal courts for the four years preceding 2015 97% of his clients do not have a DUI conviction when the case was finally completed. Originally from New York he has been a reserve Maricopa County Deputy, a Deputy Prosecutor for the city of Scottsdale Arizona, a Special Assistant United States Attorney and Chief Prosecutor for the Ak-Chin Indian Community, Special Assistant United States Attorney and Domestic Violence Prosecutor for the Salt-River Pima-Maricopa Indian Community, A trial Counsel and Senior Trial Counsel with the United States Army. He is a Major in the United States Army Reserve and a Judge Advocate. He is certified as a JAG to handle all Article 32 Preliminary Hearings including Article 120 (rape and sexual assault) cases. He has handled cases from murder to rape to drugs to assault. He is qualified to administer Standardized Field Sobriety Tests under National Highway Traffic Safety Administration & International Association of Chiefs of Police Guidelines. He is also trained on the Intoxilyzer 8000. He is a member of the Arizona State Bar, the Hawaii State Bar, certified under Article 27(b) to appear in Courts-Martial cases, admitted to the State bars of Arizona and Hawaii, the Federal District Courts of Arizona, Hawaii and the Northern District of Texas, as well as the United States Court of Appeals for the Ninth Circuit. He is a member of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, and the Hawaii Association of Criminal Defense Lawyers. He is also an Arizona Peace Officer Standards and Training Law Instructor. Mr. O’Grady lives in Kailua with his wife and two sons.

If you would like to contact the author, please visit: http://wwwcriminalandmilitarydefensehawaii.com


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