 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Kreps3/18/1983
Defendant Tamara Sue Kreps (Kreps) appeals from her conviction of Negligent Homicide in the First Degree, Hawaii Revised Statutes (HRS) § 707-703(1) (1976). Kreps raises the following issues on appeal: (1) the trial court erred in denying her Motion for Judgment of Acquittal as to the charge of Negligent Homicide in the First Degree; and (2) the trial court erred in denying her motion to suppress her pre-trial inculpatory statements. We find no error and affirm.
On July 20, 1980, between 5:30 a.m. and 6:00 a.m., Kreps was driving an automobile in a Diamond Head (easterly) direction on Kuhio Avenue when she struck and killed a pedestrian, Audrey Norris. Kreps had spent the previous evening at a nightclub with her roommate, but was driving back to her apartment alone. As she entered Kuhio Avenue from Kalakaua Avenue, she saw a pedestrian crossing the street. Kreps "downshifted" from third to second gear but did not brake, thinking that she had passed the pedestrian. The next thing Kreps saw was something crashing into the windshield. She stopped and saw a person lying in the street behind the car. She then reversed the car to where the body was lying.
Police arrested Kreps at the scene of the accident for driving without a license. She was taken to the Honolulu Police Station where, at 7:30 a.m., a breathalyzer test was administered which indicated Kreps' blood alcohol level at 0.12 percent.
Kreps was in the process of being discharged when Officer Larry Walter (Walter) introduced himself, indicated that he wished to talk about the accident and asked her to accompany him to his office. At his office, Walter produced a form, HPD Form 81, bearing the constitutional rights warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Kreps was given a copy to read as Walter read it aloud to her. She indicated on the form that she did not want an attorney, that she understood what she had been told, and that she wished to talk to Walter about the accident. She then proceeded to give Walter her account of the events leading to the incident.
Walter testified that although Kreps appeared emotionally upset throughout the interview and cried from time to time, she did not appear to be intoxicated, appeared "in control," and responded to all of his questions.
On December 23, 1980, the Oahu Grand Jury indicted Kreps for the offenses of Negligent Homicide in the First Degree, HRS § 707-703 (1976), and Driving Without a License, HRS § 286-102 (1976, as amended). On March 2, 1981, Kreps filed a motion to suppress her statements along with a motion to dismiss the grand jury indictment. Both motions were denied in an order filed on April 21, 1981.
A jury trial was commenced on May 19, 1981. At the close of the State's case, Kreps moved for a judgment of acquittal as to both counts. The court orally denied the motion.
After a recess for lunch, the State made a motion to reopen the case. Upon the motion being granted, the State presented evidence that Audrey Norris died as a result of the accident.
At the close of the State's evidence, the court again denied Kreps' motion for judgment of acquittal. Kreps presented evidence and, at the end of trial, made a third motion for judgment of acquittal, which was also denied.
On May 22, 1981, the jury found Kreps guilty as charged on both counts. On May 28, 1981, Kreps filed a motion for judgment of acquittal. After hearing, the court granted the motion as to the license count but denied i
Page 1 2 3 4 Hawaii DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|