Your Pending DUI Case Could Be Dismissed Based on a New Supreme Court Decision


There has been a significant development in the area of drunk driving cases (a.k.a. DUI or OVUII or operating vehicle under influence of intoxicants) this week.  If you have a DUI arrest that occurred within the past year or more, there is a good chance that the Complaint filed by the Prosecutor’s office is defective.  Under a Hawaii Supreme Court decision (State vs. Nesmith) issued months ago, the Prosecutors have for years been erroneously drafting the DUI or OVUII charge.   Now under a new case (State vs. Castro) the Supreme Court has all but directed that these cases should be dismissed without prejudice.  This Supreme Court directive does not apply to all DUI/OVUII cases, however.

Even when concerns were raised about the defects months ago, the Prosecutors didn’t take steps to make corrections and therefore a good number of cases from the past years which remain pending are defective and should be dismissed.  To find out whether this applies to your DUI arrest or recent plea contact Benjamin Ignacio, Criminal Defense Attorney, for more guidance.

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