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Yokouchi v. Administrative Director Of The Courts10/30/2000
IT IS ORDERED that the Memorandum Opinion of this court filed on October 13, 2000 is withdrawn and vacated. The following is a new opinion.
JON MASARU YOKOUCHI, PETITIONER-APPELLANT, V. ADMINISTRATIVE DIRECTOR OF THE COURTS, STATE OF HAWAII, RESPONDENT-APPELLEE
APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT, WAILUKU DIVISION (Civ. No. JR99-001(W))
On the briefs: Richard L. Rost and James W. Geiger (Rost & Geiger) for petitioner-appellant. Girard D. Lau, Deputy Attorney General, State of Hawaii, for respondent-appellee.
Watanabe, Acting C.J., Lim, J., And Circuit Judge Blondin, IN Place OF Burns, C.J., Recused
The opinion of the court was delivered by: Watanabe, J.
Petitioner-Appellant Jon Masaru Yokouchi (Yokouchi) appeals the July 13, 1999 Judgment of the District Court of the Second Circuit, Wailuku Division (the district court), which affirmed the April 19, 1999 decision of the Administrative Director of the Courts (the Director) to revoke Yokouchi's driver's license for one year. We affirm.
BACKGROUND
On March 18, 1999, Officer Ricky C. Uedoi (Officer Uedoi), while traveling west on L. Main Street and approaching Hookahi Street, observed a vehicle driven by Yokouchi exit Hookahi Street and make a right turn onto L. Main Street without stopping at the posted stop sign. Yokouchi's vehicle then got into the inner lane without signaling. Officer Uedoi reported that as he got behind of the vehicle, he observed the operator not wearing his seat belt. As a result of his observations Officer Uedoi stopped Yokouchi's vehicle. When Officer Uedoi spoke with Yokouchi, Officer Uedoi detected "a strong odor of liquor coming from [Yokouchi's] breath" and observed that Yokouchi's eyes were "red, watery and bloodshot" and " is face was red and flushed." Yokouchi submitted to taking the field sobriety tests; however, he could not perform them successfully. Officer Uedoi then asked if Yokouchi would like to voluntarily provide a preliminary breath sample. Officer Uedoi informed Yokouchi that he was not required to submit to the test. Additionally, if Yokouchi submitted to the test, "this would not satisfy the requirements in taking a chemical test later at the Police Station should he be arrested for Driving Under the Influence of Liquor [(DUI)]." The officer also informed Yokouchi "that if he did not wish to take this test, no penalties would be assessed against him." Yokouchi did not provide a sample. Officer Uedoi then arrested Yokouchi for DUI, in violation of Hawaii Revised Statutes (HRS) § 291-4 (Supp. 1998).
After transporting Yokouchi to the Wailuku Police Station, Officer Uedoi gave Yokouchi a copy of AD-DUI Form 2, which outlines the options Yokouchi had for refusing or taking a breath or blood test. The form reads, in pertinent part, as follows:
Pursuant to the Administrative Driver License Revocation
Law, I must inform you [(Yokouchi)] of the following:
a. That you may take either a blood test or a breath test or both;
b. That if you refuse to take any tests the consequences are as follows: (1) if your driving record shows no prior alcohol enforcement contacts during the five years preceding the date of arrest, your driving privileges will be revoked for one year instead of the three month revocation that would apply if you chose to take a test and failed it, (2) if your driving record shows one prior alcohol enforcement contact during the five years preceding the date of arrest, your driving privil
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