Law Offices of Scot Stuart BrowerLaw Offices of Scot Stuart Brower2026-10-09T13:49:09Zhttps://www.scotbrower.com/feed/atom/WordPress/wp-content/uploads/sites/1402051/2021/04/cropped-favicon-brower512-32x32.pngOn Behalf of Law Offices of Scot Stuart Brower<![CDATA[Cellphones distract drivers in 3 key ways]]>https://www.scotbrower.com/?p=476292026-10-03T20:20:17Z2026-10-03T20:20:17ZCellphone use behind the wheel is one of the most common causes of distracted driving. Even when it is expressly prohibited, many people will still use their phone to make calls, take photos or videos, or send and receive text messages. This often leads to them causing serious car accidents.
The first problem is the visual distraction. When someone is looking at their phone, they are naturally not looking at the road. Even glancing back and forth limits their field of view significantly. They often overlook key issues like traffic slowing down ahead of them or a stoplight turning red. But there are two other ways in which cellphones simultaneously create driving distractions.
The physical distraction
First and foremost, many people who use their phone in the car are holding it in one hand. This means they only have one hand left to hold the steering wheel, use the blinkers, use the windshield wipers, adjust the lights or take any other key steps. This physical distraction limits their control over the vehicle and can lead to mistakes, like not signaling a turn.
The cognitive distraction
Finally, a person who is using their phone is mentally engaged with whatever they are doing on their device. They may be thinking about what to write in a text message or what the contents of a message they received mean for them. Mentally, they shift their focus away from the road and the changing traffic conditions.
Seeking compensation
Have you been injured in an accident caused by a distracted driver, perhaps because they were on their phone? If so, you may have a right to seek substantial compensation for medical bills and other damages.
]]>On Behalf of Law Offices of Scot Stuart Brower<![CDATA[What happens if you cannot find your spouse during a divorce?]]>https://www.scotbrower.com/?p=476232026-09-24T14:15:27Z2026-09-24T14:15:27ZThe court will ask you to try to locate your spouse
You cannot simply tell the court that you do not know where your spouse is and move on with the divorce. You generally need to make a reasonable effort to find them first, which may include contacting family or friends, checking with their last known employer or looking through available directories and records. You need to show the court that you genuinely tried to locate your spouse before asking to use another way to notify them.
The court may allow another way to notify your spouse
If you still cannot find your spouse after making a reasonable effort, the court may let you notify them another way, such as through publication. Hawaii Family Court has a process for requesting service by publication when you do not know where your spouse lives and cannot find them through other available sources.
The divorce can continue even if your spouse does not respond
Once you properly serve your spouse, their failure to respond does not necessarily stop the divorce from moving forward. The court can continue the case after you complete the required service and other divorce procedures.
Keep your divorce on track
If you cannot find your spouse, you may still have a path to divorce. A family law attorney can help you understand what you need to do next and avoid mistakes that could delay your case. You do not have to stay stuck.]]>On Behalf of Law Offices of Scot Stuart Brower<![CDATA[Does a grand jury determine guilt?]]>https://www.scotbrower.com/?p=476212026-09-22T06:50:16Z2026-09-22T06:50:16ZNo, a grand jury does not determine someone’s guilt or innocence. Instead, it decides if they are going to indict a person and move forward with a jury trial.
Often, the role of the grand jury is to examine the facts of the case and any known available evidence. The grand jury will review this evidence to decide if it is reasonable to move forward with a trial.In some cases, it is clear that there is not enough evidence to convict. A trial would be a waste of time and resources. The grand jury can suggest that the charges be dropped. In other cases, there is at least evidence that some wrongdoing may have taken place. The grand jury can recommend that the case proceed through the next steps.
This has no bearing on the eventual outcome
The important thing to remember is that, even if the grand jury determines that there is enough credible evidence for a trial, that does not have any effect on whether or not a person is determined to be guilty or innocent. It is not a claim that the grand jury is making or the focus of their proceedings.In many cases, a grand jury says that a trial should take place. The evidence is then examined at the subsequent jury trial, and the charges are dropped or the person is declared to be not guilty. A grand jury is just one step in the process and does not resolve the case.
Your legal defense options
It is important to understand how the legal process works when facing serious charges. It is also crucial that you know what defense options you have at this time.]]>On Behalf of Law Offices of Scot Stuart Brower<![CDATA[At-will employees can still face wrongful termination]]>https://www.scotbrower.com/?p=476182026-09-07T14:21:25Z2026-09-07T14:21:25ZA contractual employee has a written agreement establishing their relationship with the business. The contract may define the roles and responsibilities of that position, set up their pay rate and give a range of dates for that employment. Someone may sign a contract saying that they would be employed by the company for three years, for instance.
Often, an employment contract will also say that the employee needs to be fired for cause. If the employer fires them without warning and without reason, it is a violation of the contract that stated they would have the position for the full three years. This is a wrongful termination.At-will employees, on the other hand, can be fired at any time, just as they can quit their jobs at any time. This leads some people to believe that a wrongful termination is impossible, but the reality is that it can still take place.
An illegal reason for the termination
In most cases, these wrongful termination claims revolve around an illegal reason for that termination.For example, even though an at-will employee can be fired at any time, they cannot be fired as retaliation for reporting safety violations, sexual harassment or illegal actions at the business. Likewise, an employee cannot be fired due to their inclusion in a protected class, such as race, religion, age, pregnancy, gender and much more.These factors can make wrongful termination cases involving at-will employees complicated, as they need to demonstrate that their rights were still violated. It can sometimes help to work with an experienced employment attorney at this time.]]>On Behalf of Law Offices of Scot Stuart Brower<![CDATA[Projected costs of an SCI after a car accident]]>https://www.scotbrower.com/?p=476152026-08-25T15:13:19Z2026-08-25T15:13:19ZIf you get into a car accident and suffer a spinal cord injury (SCI), it can change the course of your life. An SCI is very serious, and full healing is not always possible. Due to the permanent nature of the injury, it is important to think about some of the projected costs.
Every case is unique, but there are some estimates that have been made by the Christopher and Dana Reeve Foundation.
The type of SCI can have a huge impact
First and foremost, the type of spinal cord injury you suffer makes a major difference. High tetraplegia between the C1 and C4 vertebrae, for instance, can incur over $1 million in initial costs and over $184,000 in annual costs. Low tetraplegia, on the other hand, may lead to $769,000 in initial costs and around $113,000 in annual costs.This gives you an idea of the severity of these injuries and the financial challenges you may be facing when looking at medical bills, rehabilitation and much more. But it is important to work closely with your medical team to determine exactly what is necessary in your case.
Your age at the time of injury also affects your needs
The next thing to consider is your age when you suffer the injury. You will need care for longer if you are younger, which can increase the costs.To stick with the same example, high tetraplegia at 50 years old could lead to roughly $2.5 million in lifetime costs. The same injury at 25 years old could lead to more than $4.7 million in lifetime costs. Low tetraplegia at 50 years old could lead to $2.1 million in lifetime costs. This increases to $3.4 million if you are 25 years old.But again, the key is to work closely with your medical team, as every SCI is unique. If you are seeking financial compensation from the driver who initially caused the car accident, it can also help to work with an experienced personal injury attorney.]]>On Behalf of Law Offices of Scot Stuart Brower<![CDATA[What if a co-parent wants to leave Hawaii after divorce?]]>https://www.scotbrower.com/?p=476122026-08-09T18:29:59Z2026-08-09T18:29:59ZA modification must be requested
For parents who find themselves in this position, it's typically necessary to ask the court to modify the custody order. A parent should never just relocate to the mainland with their children, violating the standing custody order. Doing so could be seen as a significant violation of the other co-parent’s rights and highly detrimental to the children’s well-being.
When the parent requests a modification, the court may also want to know why they intend to move. The goal is to keep them from intentionally interfering with the custody arrangement. They may be asked for specific reasons, and some examples could include taking a new job, attending a college or university, seeking a lower cost of living than they can find in Hawaii or moving closer to extended family members, such as grandparents.
Regardless of the specific reasons, it is important to take the proper legal steps to modify the order in advance. Co-parents need to know exactly what legal obligations they have.]]>On Behalf of Law Offices of Scot Stuart Brower<![CDATA[Resort and rental property injury risks in Hawaii]]>https://www.scotbrower.com/?p=476102026-07-25T13:53:35Z2026-07-25T13:53:35Znegligent incidents happen can help those injured move forward after suffering harm as a result of a preventable property accident.
Hazards in guest rooms
Guest rooms can contain several risks when maintenance is inconsistent or absent.
Loose railings can cause falls on balconies or lanais.
Broken locks may allow unauthorized entry into a room.
Faulty lighting can make walkways difficult to navigate at night.
Damaged flooring that creates trip hazards near beds or doorways is another injury risk.
Risks in shared resort areas
Shared spaces in a resort or hotel often see heavy use, which increases the need for regular inspection.
Wet pool decks may become slippery when drainage is inadequate.
Unstable furniture can collapse in lounges or dining areas.
Poor lighting may hide hazards in hallways or stairwells.
Improper chemical levels in pools or spas can cause skin or eye irritation.
Common areas require consistent upkeep to keep guests safe when moving throughout the property.
Outdoor and beachfront dangers
Outdoor amenities can present risks when weather and coastal conditions affect property features. Eroded walkways may form near beach access points, and falling debris from palm trees can injure guests during high winds. Additionally, slippery surfaces may develop when algae grows on shaded paths, and loose boards on docks can also create hazards.
Injuries at a resort or vacation rental can lead to significant financial strain due to the need for emergency care, diagnostic testing and follow‑up visits. With legal support, you can pursue compensation to address medical expenses, lost income and long‑term effects that limit daily activities if you have suffered this kind of harm.]]>On Behalf of Law Offices of Scot Stuart Brower<![CDATA[What happens after a first-time DUI arrest in Hawaii?]]>https://www.scotbrower.com/?p=476082026-07-19T16:11:05Z2026-07-19T16:11:05ZBeing arrested for DUI for the first time can be an overwhelming experience. Many people are unsure what to expect or how the legal process actually works after an arrest.
It is also important to remember that an arrest is not the same as a conviction. Every case is different, and the outcome depends on the facts, the evidence and how the law applies to the individual circumstances. Understanding the legal process is the first step toward moving forward with confidence and protecting your rights.
The legal process after a first-time DUI arrest in Hawaii
Hawaii, unlike other states, uses the acronym OVUII, or operating a vehicle under the influence of an intoxicant. Under Hawaii Revised Statutes § 291E-61, a person may be charged if they are alleged to have operated a vehicle while under the influence of alcohol or drugs to a degree that impairs their ability to drive safely, or if testing indicates a blood alcohol concentration (BAC) of 0.08% or higher. After an arrest, the individual is typically booked, released under the applicable conditions, and given a date to appear in court. The court appearance allows the charges to be formally presented, but it is not a determination of guilt.As the case moves forward, prosecutors and the defense review the available evidence. This may include:
The reason for the initial traffic stop
Field sobriety test observations
Body camera footage
Witness statements
The results of any breath or blood testing
Hawaii's implied consent law governs chemical testing in DUI investigations and outlines the procedures and potential consequences related to testing. It is important not to assume that every piece of evidence is beyond question, as issues involving the stop, testing procedures or even constitutional rights may become relevant during the case.If a person is ultimately convicted of a first-time OVUII offense, repercussions may include fines, participation in a substance abuse rehabilitation program or jail time where required by law. However, many cases are resolved through negotiations before trial, while others proceed to hearings or trial, where the prosecution must prove the charge beyond a reasonable doubt.A first-time DUI arrest does not automatically determine the outcome of a case. Speaking with an experienced criminal defense professional early on in the process can help you understand your rights, evaluate the evidence and make informed decisions about the next steps.]]>On Behalf of Law Offices of Scot Stuart Brower<![CDATA[Are you protected after reporting unlawful conduct?]]>https://www.scotbrower.com/?p=476042026-07-15T13:35:03Z2026-07-15T13:35:03ZProtection for workplace disclosures
The Hawaii Whistleblowers’ Protection Act bars employers from firing, threatening or otherwise penalizing you because you reported or were about to report a suspected violation of federal, state or local law. The protection applies to private and public employees, whether you made the disclosure verbally or in writing to your employer or a public body.
You do not have to prove that your coworker or supervisor broke the law. Your complaint is protected if you had an honest and reasonable basis for your concern, even when an investigation later finds no violation.
However, the law does not cover every complaint at work. A concern about poor judgment, unfair treatment or broken company rules needs a connection to a suspected legal violation.
Evidence connecting disclosure and action
Hawaii courts require you to show that your complaint was a substantial. You might need to demonstrate the following:
Timing that places the adverse action shortly after your statement, since courts have let juries infer causation when less than two months separated the two events
Statements from supervisors or managers tying your statement to later discipline
Explanations for the decision that shift over time or clash with your documented performance history
Treatment that differs from how the employer handled similar workers who never reported anything
An employer often responds with a lawful reason for the decision, such as poor performance or a policy violation. Your records must then show that this reason was pretext, meaning a cover for the true motive.
Paths after an adverse response
Hawaii law gives you two years from the retaliatory act to file a civil lawsuit. Available remedies include reinstatement, back pay, restored seniority and benefits, compensation for proven losses and reasonable attorney fees.
Federal law provides a separate route when your report falls under a federal whistleblower statute. The Occupational Safety and Health Administration handles complaints tied to workplace safety, commercial transportation, securities fraud and several other regulated fields. Filing deadlines under those laws range from 30 to 180 days.
Those shorter deadlines often expire long before Hawaii’s two-year period. An attorney can identify the governing law, calculate each filing date and prepare the required court or agency complaint.]]>On Behalf of Law Offices of Scot Stuart Brower<![CDATA[What to do if you’re under criminal investigation]]>https://www.scotbrower.com/?p=475992026-06-30T01:12:15Z2026-06-30T01:12:15ZStay calm, say less and keep records
Investigations can start before an arrest. You may receive a call, a visit, a subpoena or questions from someone connected to the case. Your first response matters.
Here are smart steps to take:
Do not guess or explain too much: Simple or nervous statements can be misunderstood later.
Do not delete any file, including messages: Destroying information can create new problems, even if the material seems harmless.
Write down what happened: Include dates, names and what was said while your memory is fresh.
Be careful with interviews: You have rights, and you do not have to answer every question immediately.
Keep the matter private: Sharing details with friends, coworkers or relatives may spread information beyond your control.
You should also avoid contacting witnesses or anyone connected to the situation. Even a harmless message can look like pressure or interference. If investigators reach out again, stay polite, but do not feel rushed into a full conversation. Consider reaching out for legal help to avoid self-implication.
Being investigated does not mean you are guilty, but it does mean the situation shouldn’t be ignored. The earlier you understand your rights and risks, the better prepared you can be. A legal professional can help you protect yourself while your situation is still developing.]]>