Bicalho v. Administrative Director of the Courts

Summary

The Hawaiʻi Intermediate Court of Appeals affirmed the district court’s judgment upholding the administrative revocation of Leandro Lara Bicalho’s driver’s license following an OVUII arrest. The court assumed that the hearings officer erred by denying a subpoena for video evidence but held that any error was harmless because the other officers’ observations independently established reasonable suspicion, probable cause, and the required preponderance of evidence.

Holdings

1. Any error in denying Bicalho's request to subpoena the Thomas Video was harmless because, even without relying on Sergeant Spiker's observations or the potential impeachment evidence, the remaining evidence supported the license revocation.
2. The evidence independent of Sergeant Spiker's observations satisfied the statutory requirements for affirming the administrative revocation: reasonable suspicion supported the stop, probable cause supported the belief that Bicalho operated under the influence, and a preponderance of the evidence established that he did so.

Questions Presented

1. Whether any error by the administrative hearings officer in denying Bicalho's subpoena request for the Thomas Video was harmless.
2. Whether, after disregarding Sergeant Spiker's observations, the remaining observations of Officers Koike and Oallesma satisfied the statutory requirements for affirming the administrative license revocation.

Disposition

affirmed