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State v. Agosto1/27/2003
SUMMARY DISPOSITION ORDER
Defendant-Appellant Kawika Patrick Agosto (Agosto) appeals from the May 17, 2001 Judgment by the District Court of the First Circuit (the district court), Judge Russell Blair presiding, convicting and sentencing him for Driving Under the Influence of Alcohol (DUI), in violation of Hawaii Revised Statutes (HRS) § 291-4(a) (Supp. 2000), and Driving Without a License (DWOL), in violation of HRS § 286-102(a) (1993).
Although the record on appeal contains substantial circumstantial evidence upon which the district court could have concluded that Agosto had committed the DUI and DWOL offenses on the evening of December 14, 2000, the district court apparently accepted the defense version of the facts and convicted Agosto of DUI and DWOL solely based on its determination that Agosto, despite knowing that he had been drinking and did not have a driver's license at the time, turned on the ignition of a car at the direction of police officers.
We disagree with the district court's legal conclusion that merely turning on a car's ignition at the direction of police officers constitutes DUI or DWOL within the meaning of HRS §§ 291-4 and 286-102. Accordingly, we reverse the May 17, 2001 Judgment of the district court.
Page 1 Hawaii DUI Attorneys
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