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PO Box 437155 Kamuela, HI 96743

 

Frequently Asked Questions Kamuela, HI

Can I do my divorce without a lawyer?

Yes, but you may not be wise to do so. You can get the paperwork to start you divorce from either the Clerk of Court’s office or the Hawaii Judiciary website. If you and your spouse truly agree on everything and have no children, no assets and no debts, then you may be able to get through the process. However, if you have children, assets or debts, you should consult with a lawyer. Or, if you are not sure of what the paperwork says, you should consult a lawyer. Basically if you have anything to protect or are risking signing documents you do not understand, you need to consult a lawyer. If you fit into these categories, call Vaughan S. Winborne Jr., for your personal appointment.

How long does it take for a divorce to be final? 

It depends on how much the spouses can work together to get agree and sign the paperwork. If they can agree, a divorce could be final in 60 days. If there is little or no agreement, then litigation, or going to Court, is necessary. If a divorce cannot be resolved without litigation, the process will take longer. NOTE: If there is only a small disagreement, mediation may be appropriate way to proceed. It can allow the spouses to examine their positions in a nonthreatening place. Mediation can save the parties significant legal time and money.

What factors do the courts take into account when deciding who gets custody of the children? 

There are several, some of them include the child(ren)’s age, and mental and physical health, the parent’s mental and physical health, the parent’s lifestyle, the bond between the parent and the child(ren), the parents’ ability to care for the child(ren), and the child(ren)’s preference if they are old enough. This is a complex evaluation -- you should contact a lawyer, such as Vaughan Winborne.

Can I refuse to take a roadside sobriety test or a breath or blood test?

As to standard roadside tests (watch the pen or touch your nose, etc., or blow in a small box test) testing, refusal may be a good tactic. However, many who are impaired do not have their wits about them enough to refuse to submit to the roadside testing with blue lights flashing and tractor-trailers whizzing by inches away As to blood or breath tests at the hospital or police stations, except in car wrecks involving serious injury or death you may refuse. However, refusal to take a blood or breath test is a law violation punishable by a driver license suspension of up to five (5) years.

How can I get a speeding ticket dismissed? 

You can either contest the ticket in court and win, or admit guilt but explain your actions to the judge who almost never drops the charges. Dismissals are rare, unless the citation is legally defective. Hawaii, unlike other states does not have a driver education process that can take points off your license.

What is the difference between Speeding and Excessive Speeding? 

Speeding is driving faster than the posted or safe speed. Posted speed is obvious, safe speed depends on the road conditions. For example, in a fog bank the safe speed is far less than the posted speed, since drivers cannot see to drive faster safely. Excessive speeding is driving 30+ miles per hour over the limit or over 80 miles per hour. It is a crime, a petty misdemeanor and can carry a jail sentence. Excessive speeding is very much more severe than “regular” speeding and you should consult with a lawyer, such as Vaughan Winborne.

Should I represent myself in a criminal case? 

If the crime is minor, you can represent yourself. With the increase of consequences due to security concerns, seemingly unimportant cases can prevent you from working where security clearances are needed, for example airports or near borders. Definitely the more serious the crime, the better off you will be to hire an attorney, but any crime can have draconian consequences. An important factor to consider is the punishment; you need to know both direct punishments like prison time and indirect penalties such as losing your job, before you decide to defend yourself. When in doubt, it is best to consult an attorney, such as Vaughan Winborne, to protect your rights.

HELP, I am in landlord-tenant dispute, what can I do? 

This is one of the most congested areas of the law and therefore has become one of the most closely defined under the law. Tenants and landlords have the right to terminate the lease, but only under certain circumstances. Landlords have the right to keep the deposit, but must do so only in accordance with the law and within certain time limits. Tenants must pay the rent on time and in full, except in certain defined circumstances. Whether a landlord or a tenant, you should be careful when taking action, since there are defined conditions for actions, which give the landlord and tenant their rights. If you act improperly, you may owe the other party. Whether you are a landlord or a tenant, when this problem arises, you should consult an attorney such as Vaughan Winborne.

If I decide to hire him, how do I pay for Mr. Winborne’s legal services?

Payment is required in advance along with a signed retainer contract before any work begins. Cash, checks and credit cards are accepted.

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