Honolulu Traffic Tickets
Fight Your Ticket or Traffic Offense with Our Hawaii Lawyer
Police laser guns, often called Lidar , work by sending pulses of light to an object, like your car. The pulses of light bounce back to the device, which measures the change in the distance between the pulses to calculate how fast your car is going.
The officer holding the gun aims it at a specific car, often focusing the laser point on the front license plate. Laser guns have been in use to catch speeders since the late 1980s, but they are not nearly as widespread as radar guns, partly because they are more expensive for police departments to buy.
Ready to fight your traffic ticket in Honolulu? Contact our firm today!
Laser Speeding Tickets & State Law
Courts in some states, including Hawaii, have ruled that laser guns have been sufficiently tested and are proven accurate. That doesn't mean that your case is hopeless. The prosecutor must still prove the case, and all its elements, beyond a reasonable doubt.
The laser guns have to be regularly calibrated, the officer must be able to testify properly and have the requisite firsthand knowledge about the gun, its technology, maintenance and the circumstances regarding your particular case. Some police departments may lack the personnel or records to establish that the particular gun in question was operating properly on the day in question. An attorney can help decide if a specific traffic ticket in Honolulu can be challenged and the best way to go about that.
Can a Honolulu Traffic Ticket Attorney Help?
Fighting a speeding ticket when police use a laser gun can be difficult but not impossible. Police laser guns work differently from radar guns, and law enforcement agencies say they are even more reliable. But they aren't foolproof and attorneys around the country have been able to get the results of laser guns thrown out by challenging the accuracy of the technology or the training of the officer using the gun.
Laser guns also need to be regularly calibrated, if they're not, their results may not hold up in court. Some attorneys have questioned their effectiveness in the rain or snow as well. Attorneys have also successfully challenged laser gun results by claiming that the officer operating the gun didn't have enough training and may have made a mistake.
Other Traffic Offenses in Hawaii
Other traffic offenses include leaving the scene of an accident, having an open alcohol container, DUI, reckless driving and the like. The government still has the burden of proving all the elements beyond a reasonable doubt. An experienced criminal defense attorney can utilize all of his skills, from defending speeding tickets, DUI, assault, and even manslaughter, to fight off traffic crimes. Although specific knowledge is necessary for DUI and laser speeding tickets, the rules of evidence apply to all criminal cases as do many other rules and laws.
Kevin O'Grady has that varied and lengthy experience. Contact our firm today!
Common DUI Questions
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What is considered to be a DUI in Hawaii?Like most other states, drivers found to be operating a vehicle with a blood alcohol content (BAC) level of .08% or higher will be arrested for DUI. In order to measure a driver's BAC, officers often subject drivers to breath tests, blood tests, or urine tests. In other instances, a police officer may ask a driver to participate in a field sobriety test. In Hawaii you can be charged with per se (BAC) and or with impairment (regardless of your BAC).
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I was arrested for a DUI. When should I talk to a lawyer?Immediately. In the state of Hawaii, a police officer will issue an instantaneous driver's license revocation upon a DUI arrest. Your attorney can take steps to request and or preserve evidence early after your arrest and can also speak with witnesses or visit the scene close in time to your arrest. Your attorney will be able to represent you during this administrative hearing, as well as any type of criminal proceeding thereafter.
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What will happen to my driver's license if I do not petition a license revocation?If you fail to take action and request a hearing in a timely manner, you could be jeopardizing your driving privileges. Upon arrest, an arresting officer will issue you a Notice of Administrative Revocation. This notice will serve as a temporary driving permit for 30 days. An in-person administrative hearing must take place within 24 days of receiving a Notice of Revocation. Failure to take action on a first-time DUI offense could result in a mandatory driver's license revocation for up to 1 year.
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Is it required by law to take a breath or chemical test?You do have the right to refuse a breath or chemical test, however, you will also face possible penalties as a result of refusing a chemical test. Admittedly, chemical tests are prone to error and inaccuracy, however, it will be imperative that you listen to law enforcement officers. Refusal of a breath or chemical test could result in a license revocation for up to 2 years on a first-time offense.
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What happens if I failed a field sobriety test?Do not assume that your case will rely solely on the results yielded during a field sobriety test! Even if you have failed a field sobriety test, these tests are not always accurate and often do not take in special circumstances of the person taking the test.
For example, people with health issues, coordination issues, or sight issues may not perform in a way that would suggest sobriety. Additionally, other external factors, such as uneven roads, weather, stress, or improper administration by the police officer could lead to erroneous results.
Let's Fight Together
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Charged with DUI or OVUII in Honolulu? Discover how we can fight for your freedom! -
With a history of successful results. We can fight together.
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Hear from my former clients. Although I focus on the facts and the ethics of a case, I also make it a point to take the time to get to know my clients.
