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Tag Archives: Kevin O’Grady

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, ... Read More »

What if I do not have a proper balance due to a previous accident, surgery or medical condition?

If you have some sort of medical problem or injury or recent surgery, even oral surgery, the physical ailment can have an effect on your ability to drive, walk, and obviously perform the so-called field sobriety tests.  Driving while post root canal is not a crime, nor is driving following ingrown toenail removal.  Both however, may very well make you look “impaired” to the officer.  As with medication, do not answer any questions and do not take any field sobriety ... Read More »

What if I’m on Medication and I Get Pulled over for DUI?

Being charged with DUI can fall into different subsections.  One is impairment by a drug or alcohol, another is having a breath or blood alcohol concentration over the legal limit.  The drug impairment does not specify that the drug is illicit.  It can be any drug.  Of course the government has to prove it was a drug.  If you take an illegal drug obviously the government will point to that.  However, if the government learns that you are taking a ... Read More »

How Accurate are Field Sobriety Tests?

There are typically three so-called field sobriety tests that Hawaii police officers use when trying to determine if a person is impaired by alcohol.  They were thought up by social scientists pursuant to government grants decades ago.  The science behind them has been examined for years.  There are significant problems.  Besides the fact that many people, completely sober, would fail the tests, the federal government set the bar for employing the tests very low.  The question that was asked was ... Read More »