Top Honolulu COVID-19 Quarantine Violation Defense Attorney
Accused of Violating Quarantine/Proclamation Orders? We Can Help.
COVID-19 has caused significant lifestyle and economic changes across the globe. No one could predict the coronavirus pandemic nor its life-changing impacts, and the transition into the “COVID-19 era” has been far from smooth for many people. Nonetheless, Honolulu officials are working tirelessly to stop the spread of COVID-19 by implementing rules, safety protocols and harsh penalties for those who violate them.
The state of Hawaii has a relatively low number of COVID-19 cases compared to other US states, which is partially due to its strict enforcement of quarantine and Governor/Mayor proclamation stay-at-home orders. The efforts to protect the public’s safety are unwavering throughout Hawaii, which is why you must protect your rights if you are accused of violating quarantine or Governor/Mayor proclamation stay-at-home orders in Honolulu.
I am Kevin O'Grady, a Honolulu quarantine violation Lawyer with 25 years of experience. Like you, I did not expect 2020 to consist of a global pandemic. However, I am prepared to aggressively defend your freedom and legal rights as I fight your quarantine violation charges.
To get started on your case, contact (808) 521-3367 today!
Understanding Honolulu's Quarantine & Stay-at-Home Orders
Hawaii is among the strictest states when it comes to enforcing quarantine and stay-at-home orders. Thousands of warnings and citations have been issued, while some people have been arrested, according to the Honolulu Police Department.
So far, there are three strictly enforced orders:
- Mandatory quarantine order: May be imposed on someone who tests positive for COVID-19. The Department of Health (DOH) must obtain an ex parte quarantine order from the court requiring the state to file a petition.
- 2-week self-quarantine order (with exemptions): Imposed on travelers entering Hawaii and on inter-island travelers. Every traveler, regardless of whether they tested negative for COVID-19, is required to quarantine upon arrival.
- Stay-at-home restrictions: This order establishes the guidelines for stay-at-home requirements and applies to everyone, regardless of their COVID-19 status.
Violators of any of these above orders are subject to legal consequences, including a misdemeanor charge that is punishable by $5,000 fines and/or up to 1 year in jail. Other penalties include:
- A misdemeanor charge for violating an ex parte order for mandatory quarantine
- A misdemeanor charge for violating the 2-week self-quarantine order
- Arrest for travelers who do not notify the state of their self-quarantine location upon their arrival
- A misdemeanor charge for violating any of the Governor/Mayor Proclamations including failure to wear a mask, gathering, loitering, being out, etc.
Legal Strategies to Combat Quarantine Violation Charges in Honolulu
The Honolulu Police Department is encouraging citizens to report quarantine and stay-at-home violations, meaning your neighbors, friends and other people you trust could be the reason you’re suffering criminal charges. You may face charges for going on a walk, getting gas, having a picnic in the park, and doing other activities that would be considered normal if COVID-19 hadn’t existed. In fact, Hawaii has its own version of a Flu-stapo, the :Hawaii Quarantine Kapu Breakers, with over 6,000 members who will follow you, take pictures of you and call police. Additionally, the police are getting tons of money towrite thousands of tickets.
The last thing you need is to go to jail during a global pandemic, as you will likely suffer increased exposure to COVID-19 in addition to the unfavorable conditions and experiences that exist in jail. As such, my mission is to help put your charges behind you so you can focus on what’s important right now: Your health and safety.
IMPORTANT!
For those persons cited by the Honolulu Police Department, Honolulu Prosecutors will frequently try to get you to plead guilty to a criminal violation of simple trespass for a nominal fine. This sounds much better than the prospect of a jury trial and the potential of a year in jail and a $5,000 fine. It is still a criminal conviction. It is not a decriminalized infraction! The HPD collects millions to issue tens of thousands of tickets, then the state, through the prosecutors, collects hundreds of thousands if not millions of dollars. Fight to ensure you don’t have that criminal conviction!
Ready to Defend Your Rights? Contact The Law Office of Kevin O'Grady, LLC at (808) 521-3367 for a Consultation!
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.
