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State v. Lee6/7/1974
upon any public street or highway. These provisions then operate throughout the state, whether it be on public property or on private premises.
Such a holding is consistent and accords with the weight of authority in other jurisdictions which have considered this same or similar problems. If the legislature had intended to limit the applicability of HRS §§ 291-1 and 291-12 only to public streets and highways, it could and would have so expressly indicated in these statutes. In fact in a section of HRS chapter 291C, the Statewide Traffic Code, the legislature provided that there shall be a duty upon every driver to use due care in the operation of a motor vehicle with respect to any pedestrian upon any roadway, and in the same legislative act, it enacted HRS § 291-12. We think that the legislative classification given to inattention to driving in this manner is significant to show that the legislature meant to have this statute apply throughout the entire state.
We do not see any ambiguity which would require us to rely upon any principle of statutory construction such as that mentioned by the district court judge that these sections being penal in nature must be strictly construed against the government. We hold that HRS §§ 291-1 and 291-12 are clear, unambiguous and mean what each of these sections says, and that enactment of these sections is reasonably related to the preservation of public health, safety, morals or general welfare of the public and is well within the legitimate exercise of the police power of the state.
Orders dismissing these charges are reversed and set aside and these cases are remanded for further proceedings consistent herewith.
Disposition
Orders dismissing these charges are reversed and set aside and these cases are remanded for further proceedings consistent herewith.
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