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OVUII Consequences and Kamuela DUI Lawyers: A Closer Look

All criminal convictions have both direct and indirect consequences. But these effects are arguably worse in DUI cases, mostly because of the financial cost. The combination of direct and indirect OVUII (Operating a Vehicle Under the Influence of an Intoxicant) consequences could exceed $25,000.

There are a number of ways a Kamuela DUI lawyer can reduce or eliminate these costs. DUI defenses include an illegal stop or arrest, lack of intoxication, and lack of evidence. These defenses could result in a not-guilty verdict at trial, a pretrial dismissal, or a plea to a lesser included offense, such as reckless driving.

Direct Consequences

Court supervision and driving restrictions are usually the two most significant direct consequences of a DUI conviction.

In Hawaii, probation usually includes a number of restrictive conditions. At a minimum, most probationers must remain in the county at all times and work or attend school full time. Additionally, probationers must avoid further legal trouble. Subsequent arrests are usually the leading trigger for motions to revoke probation.

Failure to comply with a specific condition is probably next on the probation violation list. Some of these specific conditions include:

  • Reporting regularly to a probation officer,
  • Abstaining from alcohol and other illegal substances,
  • Performing community service,
  • Completing alcohol counseling and any required follow-up,
  • Paying fines, and
  • Using an ignition interlock device

IIDs are basically portable Breathalyzers which are attached to the vehicle’s ignition. If the driver’s BAC content is above a certain level, usually .04, the vehicle will not start. Additionally, the driver must give breath samples while the car is in motion. If there are too many rolling refusals, the vehicle will not restart.

These gadgets are also part of the aforementioned driving restrictions. Moreover, Hawaii County judges often impose time and place restrictions on drivers. They are only able to drive at certain times and to or from certain locations. Other times, they are not able to drive at all, even with an IID. A Kamuela DUI lawyer can help defendants obtain occupational or other limited licenses during the period of suspension.

Kamuela DUI Lawyers and Indirect Consequences

Higher auto insurance rates compose much of the $25,000 cost of a first-time DUI conviction. Generally, defendants must obtain high-risk insurance and keep it for at least three years. Insurance companies routinely double or triple their rates for high-risk drivers.

A Kamuela DUI lawyer is not an insurance agent. But attorneys do have relationships with insurance agents, so defendants can find the lowest possible rates.

Speaking of insurance companies, these companies often refuse to insure commercial drivers with DUI convictions. So, if you drive as part of your job, a DUI conviction is usually a serious problem. Additionally, many employers consider DUI evidence that a person makes poor choices. In an at-will state like Hawaii, it is rather common for employers to dismiss workers for almost any reason, including a criminal conviction.

However, employers cannot use a criminal conviction as an excuse to dismiss an employee for an illegal reason. Some of these reasons include gender, sexual orientation, age, national origin, and religious affiliation. If you belong to a protected class and you lost your job, a Kamuela DUI lawyer should evaluate your situation and determine what options you have, if any.

The interplay between DUI and immigration is a bit unsettled. Currently, immigration authorities do not consider DUI to be a crime of moral turpitude or a crime of violence. So, you cannot be deported for DUI. However, the conviction might come up during visa renewal or status adjustment proceedings.

ICE is incredibly aggressive, especially with regard to deportation and removal proceedings in blue states like Hawaii. If agents see an opportunity to take adverse action, they almost always react harshly. A Kamuela DUI lawyer can defend you against false charges and give you solid legal advice as to your options.

Conclusion

OVUII comes with several consequences, some of which can have a lasting impact on your life. If you’re staring at a DUI conviction, it will be wise to contact an experienced Kamuela DUI lawyer to defend you and get your charges minimized or dismissed altogether. A skilled Kamuela DUI attorney can be your most reliable source of legal advice on the options available to you.

Get in Touch with Kamuela DUI Lawyers for Legal Help

Drinking and driving usually, but does not always, lead to big trouble. If you think you could be convicted for a DUI charge, don’t worry. Call our skilled Kamuela DIU attorneys at 808-885-8533. For a confidential consultation with an experienced Kamuela DUI lawyer, contact Olson & Sons, L.C. We are adept at handling matters in Hawaii County and nearby jurisdictions.

How a Kamuela Divorce Lawyer Can Help You Modify Alimony Payments?

In pretty much every way, Hawaii is a lot different from the other states in the Union. This difference includes alimony awards. Spousal support is available in the Rainbow State.

Spousal support payments are in a unique category. They are not quite child support, and they are not quite part of the property division. So, the amount and duration awards are subjective and can be modified later.

Generally, Hawaii County judges do not order alimony payments very often. That could be because Kamuela divorce lawyers do not ask for it, or because they do not ask the right way. Nevertheless, these payments are not easy to set up, and they are not easy to modify either. Generally, successful modifications hinge on one of the three below changes.

Need-Based Increases

Generally, alimony awards serve one of two functions. They either equalize the standard of living between the former spouses, or they give obligees (people receiving alimony payments) funds they need to reach specific goals.

For example, an oblige might need to finish a university degree in order to become economically self-sufficient. If the obligor (person paying alimony) has the financial ability to pay, a judge will often order spousal support, especially if the obligor was also the filing party.

These needs usually change over time. Some of these changes are predictable. Tuition goes up almost every year. Sometimes, change is unpredictable. Perhaps the school changes degree requirements or suddenly doubles tuition.

If there is an unpredictable need-based change, Hawaii County judges at least consider increasing support payments, assuming a Kamuela divorce lawyer laid the groundwork. This groundwork includes integrating language into the degree stating the obligee’s economic need and the purpose for alimony payments.

On the other side, Kamuela divorce lawyers can also oppose need-based increases. Perhaps the obligee has not received good grades in school, perhaps the need-based increase was predictable, or perhaps the obligor cannot afford to pay more.

Kamuela Divorce Lawyers and Ability-Based Decreases

This second category is probably the most common alimony adjustment basis. Income often goes down, and these changes are often unanticipated. Sometimes, they are also indirect. For example, in January 2019, the IRS ended the alimony payment tax deduction. Since these payments were no longer tax-deductible, some obligors argued that they could not afford to pay as much.

This tax law change brings up an important point. The income reduction must be involuntary, at least for the most part. Obligors cannot quit high-paying jobs to decrease their alimony obligations. Kamuela divorce lawyers see these moves rather frequently. Many obligors see alimony as a financial penalty, and they will do almost anything to reduce their obligations.

On a related note, retirement does not automatically end or even reduce, alimony payments. People get older and retire. So, this change is not unanticipated. If the obligor retired early, Kamuela divorce lawyers have an even better argument that the obligor stopped working to reduce the alimony obligation.

If either a reduction or increase is appropriate, Hawaii County judges usually recalculate the amount based on the factors in Hawaii law.

Relationship Changes

Under Hawaii law, the obligee’s remarriage usually terminates the obligor’s spousal support obligation. This principle is an exception to the unanticipated changes rule that applies in the previous two situations.
People are either married or they are not. That’s easy to determine. But what if the oblige has a long-term paramour? Can a Kamuela divorce lawyer reduce alimony payment in these situations?

Generally, Hawaii County judges look closely at the nature of the relationship. Some factors include the length of the relationship, any joint purchases the couple made, shared checking accounts or other financial pools, and non-familial gifts (e.g. the obligee’s Paramore give money to the obligee’s children).

Call Our Experienced Kamuela Divorce Attorney for Alimony Agreements

Alimony payments are not set in stone. Spousal support payments are subject to change depending on the changing circumstances of the obligee and the obligor. A Kamuela lawyer can help obligors reduce the payment amount. For a confidential consultation with an experienced Kamuela divorce lawyer, contact Olson & Sons, L.C at (808) 885-8533. After-hours visits are available.

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Kamuela Lawyers Tell You All about DUI-Drug Charges in Hawaii

In a few states, DUI-drug charges are difficult to prove in court unless the defendant used an illegal drug, like marijuana, cocaine, or a painkiller without a prescription.

However, most states have very broad laws. Driving under the influence of almost anything in your medicine cabinet, and many of the items in your pantry could lead to DUI charges. In 2016, a California man was arrested for driving under the influence of caffeine. Prosecutor later dismissed that case. However, if they had moved forward, the charges probably would have held up in court. That incident underscores the broad nature of California’s DUI-drug law.

Hawaii’s law is very similar. It is illegal to drive “under the influence of any drug that impairs the person’s ability to operate the vehicle in a careful and prudent manner.” That language is slightly different from DUI-alcohol prohibition. Nevertheless, the severe direct and indirect consequences are largely the same, as outlined below.

Frequently, Kamuela DUI lawyers can successfully resolve DUI-drug cases, largely because they are almost entirely built on circumstantial evidence.

Direct and Indirect Consequences of a DUI Conviction in Kamuela

Technically, DUI in Hawaii is Operating a Vehicle Under the Influence of an Intoxicant. OVUII more accurately sums up the elements of the offense. Legally, there is a difference between “driving” and “operating” a vehicle. Additionally, many substances, and not just alcohol, cause impairment. However, OVUII is much more of a mouthful, even for experienced Kamuela DUI lawyers.

DUI, OVUII, or whatever you call it has some very harsh direct consequences in Hawaii County. The penalties for a first-time offense usually include:

  • Incarceration: Almost all first-time offenders receive probation. Nevertheless, probation includes a mandatory jail sentence of up to five days. Usually, defendants have enough time served to satisfy this requirement
  • Fine: The maximum fine is $1,000. Some courts reduce the fine to a few hundred dollars and require defendants to pay the entire fine upfront. Others levy the entire $1,000 and allow defendants to make payment plans. Still, other courts combine various elements of these two schemes.
  • Community Service: Seventy-two hours is basically two full working weeks of community service. That’s a lot of time, especially if defendants must miss work to fulfill this requirement.

Drivers’ License Revocation: The maximum revocation period is one year for a first-time offense. Normally, defendants who install Ignition Interlock Devices in their cars can still drive normally. IIDs are basically portable Breathalyzers attached to the vehicle’s ignition.

Because of these harsh requirements, a few weeks in jail might be preferable to probation. That’s especially true if alternative sentencing arrangements, like weekends, are available. A Kamuela DUI lawyer can lay out all the pros and cons.
There are also some significant indirect consequences, such as higher auto insurance rates. To most insurance companies, all DUIs are the same. The substances and circumstances are irrelevant. A DUI conviction usually means that rates double or triple. These higher rates generally remain in effect for three years.

On a related note, DUI convictions also create employment problems. Many commercial insurance providers will not cover drivers with DUIs on their records. Additionally, many employers believe these people make poor decisions and would, therefore, be poor employees.

Kamuela DUI Lawyers and Dangerous Impairment

As mentioned, the impairment must be so significant that it limits the person’s ability to safely operate a motor vehicle. Therefore, physical symptoms, such as glassy eyes and slurred speech, are insufficient in this area. Such physical symptoms can establish drug use, but that’s it.

To prove a DUI-drug case, Hawaii County prosecutors must establish a higher degree of impairment. For that, they usually need the three approved field sobriety tests, which are:

  • Horizontal Gaze Nystagmus: During the DUI eye test, officers look for involuntary pupil movements at certain viewing angles. These movements indicate the presence of nystagmus, which is also called a lazy eye. Many people have a lazy eye, but since the symptoms are so mild, they do not know they have one.
  • Walk and Turn: For the WAT, or heel-to-toe walk test, defendants must walk a straight line heel to toe forwards and backward. During the test, officers look for intoxication clues, such as using arms for balance and failure to follow instructions. Test conditions, such as lighting, greatly affect the outcome.
  • One Leg Stand: Much like the WAT, the OLS is a divided attention test that measures both physical dexterity and mental acuity. Also much like the WAT, test conditions greatly affect the outcome. It’s usually no coincidence that the OLS is usually the last test administered. By that time, physically fatigued defendants have a hard time standing on one leg.

Drug impairment cases are a bit easier for Kamuela DUI lawyers to fight than alcohol impairment cases. The law is very nuanced. In alcohol cases, prosecutors must prove the defendant could not avoid and accident. However, the issue in drug impairment is whether the defendant could get home in one piece. That’s a slightly different standard.

Seek Legal Help from an Assertive Kamuela DUI Attorney

Serious DUI-drug charges require unwavering representation. A conviction can have major implications on your personal and professional life. The law is nuanced and different defenses may need to be applied depending on the complexity of the case. For a confidential consultation with an experienced Kamuela DUI lawyer, contact Olson & Sons, L.C. on (808) 885-8533. Convenient payment plans are available.

How Kamuela Divorce Lawyers Collect Past-Due Child Support

Most people would agree that children should not be financially punished when their parent’s divorce. So, Hawaii’s income share child support model is designed, in part, to give children the same standard of living they would have ad if their parents remained married. But over half of the nonresidential custodians in the Rainbow State do not pay the full child support amount.

In these situations, the state technically has the right to pursue past-due amounts. But it often takes many months, or even longer, for a short-staffed state agency to get results. Additionally, the lawyer assigned to the case represents the state. That lawyer does not have your family’s best interests at heart.

So, a partnership with a Kamuela divorce lawyer may be a better idea. A private attorney acts quickly to preserve your children’s financial rights. And, a Kamuela divorce lawyer is dedicated to you, and not to some vague concept of child support enforcement. This partnership usually leads to one of the following child support enforcement mechanisms.

Note that withholding visitation is not on this list. It is illegal to deny visitation because the obligor is delinquent. Doing so basically holds the children for ransom.

Attachments and Property Liens

If an obligor (person paying child support) is delinquent, the obligee (person who is owed support) may file a lien or attachment. Generally, Hawaii’s child support law allows obligees to file property liens against the real or personal property at any time. Attachments are usually a bit more complex.

Liens usually do not generate money, or at least not very much money. They are attention-getting devices. For example, if a Kamuela divorce lawyer files a lien on Father’s house, he need not pay it straight away. Instead, before he sells the house, he must satisfy the lien.

Attention-getting devices like these are often effective. Sometimes, a more aggressive action may be akin to pouring gasoline on a smoldering fire.

License Suspension to Receive Past-Due Child Support

Often, Kamuela divorce lawyers start with liens in child support actions. As mentioned, they are easy to acquire. If the lien does not get the obligor’s attention, or the obligee does not feel a lien would be effective, drivers’ or professional license suspension is usually the next step up.

Hawaii law allows both kinds of suspension. Driving on a suspended license is a serious offense in the Rainbow State, as is practicing law, medicine, or other professions without a valid license. Our hypothetical Father might essentially ignore a property lien, but if his law license suddenly becomes invalid, he may reach out to the Kamuela divorce lawyer who filed the suspension action and work out a payment plan.

Payment Intercept

Many people receive tax refunds in the spring. Other people are entitled to insurance payouts or lottery winnings. If the obligor’s delinquency exceeds a certain amount, a Kamuela divorce lawyer may file a request and intercept these payments.

Typically, these payments are less than a few thousand dollars. So, if the obligor is seriously delinquent, payment intercept will not pay off the entire balance owed. However, payment intercept usually pays a sizeable chunk. This intervention crosses the border between attention-getting and revenue-producing.

Wage Withholding to Speed up Past-Due Child Support

If the obligor has a regular job, a wage withholding order is usually a good idea. There is usually some legwork because most local companies use out-of-state payroll agencies. But, most Kamuela divorce lawyers include dormant wage withholding orders in divorce decrees. They just need to activate them. Legally, the obligee can withhold up to 50 percent of the obligor’s wages.

Alternatively, if the obligor is self-employed, many judges may order the obligor to build a reserve fund as well as repay delinquency. So, in the event of further delinquency, there is some money available.

Contempt of Court

Jail time is usually a last resort. No one wants to see obligors go to jail for not paying child support, especially because such incarceration may be illegal. U.S. law forbids debtors’ prisons.

Still, if the obligor has not responded to earlier collection efforts, jail time may be appropriate. Most people can raise money in a hurry when they are behind bars, even if they owe many thousands of dollars. Typically, a Hawaii County judge orders the obligor to pay about half the balance upfront to get out of jail, and then satisfy the rest through a payment plan.

Contact a Dedicated Kamuela Divorce Attorney

Child support eases the financial pain of divorce for innocent children. For a confidential consultation with an experienced Kamuela divorce lawyer, contact Olson & Sons, L.C. After-hours and home visits are available.

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