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26. If my case is dropped at court, why is it not dropped at ADLRO?

Posted on Jan 13, 2017 in

It is not dropped at ADLRO because there are two separate parts to the OVUII.  The court handles the criminal side and ADLRO handles the administrative (civil) side.  If one side is dropped, it does not mean that the other side is dropped.  You need to take care of the court and ADLRO separately. 

There are a number of different possible outcomes.  It is possible that ADLRO may sustain your driver’s license revocation, but you may not get convicted of OVUII in court.  Likewise, it is possible that ADLRO may rescind (i.e. cancel) your driver’s license revocation, but you may still get convicted of OVUII in court.  It is also possible that ADLRO sustains your driver’s license revocation and you get convicted of OVUII in court, or that ADLRO rescinds your driver’s license revocation and you do not get convicted of OVUII in court.

When a person’s driver’s license is administratively revoked by the ADLRO for OVUII, and the person is also convicted of OVUII in court arising out of the same occurrence, the total period of revocation imposed in the two proceedings may not exceed the longer period of revocation imposed in either proceeding.  See HRS 291E-32.