Bicalho v. Administrative Director of the Courts

── Bicalho v. Administrative Director of the Courts ── Court: Hawaii Intermediate Court of Appeals Date: April 16, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 16-APR-2026 08:11 AM Dkt. 33 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI LEANDRO LARA BICALHO, Petitioner-Appellant, v. ADMINISTRATIVE DIRECTOR OF THE COURTS, Respondent-Appellee. APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION (CASE NO. 1DAA-23-00008) SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, Hiraoka and McCullen, JJ.) Petitioner-Appellant Leandro Lara Bicalho appeals from the District Court of the First Circuit's December 29, 2023 "Decision and Order Affirming Administrative Revocation and Dismissing Appeal" and Judgment. 1 On appeal, Bicalho contends the district court was wrong in determining that the denial of his request to issue a subpoena was harmless. 1 The Honorable Bryant G.F.Y. Zane presided. NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the issues raised and the arguments advanced, we resolve this appeal as discussed below, and affirm. In January 2023, Bicalho was arrested for Operating a Vehicle Under the Influence of an Intoxicant (OVUII). Honolulu Police Department (HPD) Sergeant Jared Spiker (Sgt. Spiker) and HPD Officer Alvin Koike (Officer Koike) observed Bicalho driving, and HPD Officer C. Oallesma (Officer Oallesma) conducted the field sobriety test. Six days later, the Administrative Driver's License Revocation Office (ADLRO) revoked Bicalho's license. Bicalho requested a hearing. The hearing was initially scheduled for February 2023, but was continued several times at Bicalho's request. During that time, the Hearings Officer granted subpoenas for, among other things, (1) the officers' body-worn camera footage of the arrest and (2) Sgt. Spiker's disciplinary record "and other records showing his dishonesty and untruthfulness." By the June 2023 hearing, the Hearings Officer received the records related to Sgt. Spiker but the case was continued so Bicalho could request the video footage mentioned in State v. Su, 147 Hawaiʻi 272, 465 P.3d 719 (2020). To that end, Bicalho requested to subpoena "Steven Alm, the Honolulu 2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Prosecuting Attorney or custodian of potential discovery, for the 'video of the incident at the ALA MOANA HOTEL discussed in [Su] from State v. Thomas relating to [Sgt.] Spiker [(Thomas Video)] which video has been previously provided to OVUII defense attorneys in cases for arrests by Spiker.'" The Hearings Officer denied Bicalho's request to issue a subpoena for the Thomas Video. However, the Hearings Officer "took administrative notice of [Su], specifically that 'the still photograph of the [Thomas Video] show[s] that, contrary to Officer Spiker's police report and trial testimony, Thomas did not have his fists clenched and was not throwing punches.'" (Third brackets in original.) During the September 2023 hearing, Bicalho argued that he could not properly question Sgt. Spiker without the Thomas Video. The Hearings Officer affirme