 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Anger9/30/2004
The defendant-appellant Robert Anger appeals from the November 20, 2003 judgment, [FN1] convicting him of (1) driving under the influence of intoxicating liquor (Count I), in violation of Hawai'i Revised Statutes (HRS) § 291-4 (1993), [FN2] (2) lack of due care (Count II), in violation of Maui County Code (MCC) § 10.52.010, and (3) driving without no fault insurance (Count III), in violation of HRS § 431:10C-104 (1993 & Supp.2003), [FN3] pursuant **632 *425 to his entry of a conditional plea of no contest in the district court of the second circuit, the Honorable Rhonda I.L. Loo presiding. On appeal, Anger contends that the district court erred: (1) in denying his motion to suppress the results of a blood test because (a) the relevant testimony of Maui Police Department (MPD) Officer Rockwell Silva that Anger sustained injuries in a motor vehicle accident constituted inadmissible hearsay, (b) the district court's conclusion that Officer Silva was authorized, pursuant to HRS § 286-163 (1993 & Supp.2000), [FN4] to draw his blood was wrong, and (c) the district court's conclusion that HRS § 286-151 (1993 & Supp.2000) [FN5] and this court's decision in State v. Wilson, 92 Hawai'i 45, 987 P.2d 268 (1999), were inapplicable to the disposition of Anger's motion was likewise wrong; (2) in concluding that HRS § 286-163 allowed for the forcible extraction of Anger's blood sample; and (3) in ruling that the blood draw did not amount to an unconstitutional search and seizure, even though Anger was not under arrest and had not consented to the blood draw.
FN1. On October 1, 2003, this court remanded the present matter to the district court for the entry of a written judgment pursuant to State v. Bohannon, 102 Hawai'i 228, 74 P.3d 980 (2003). On November 20, 2003, the district court filed a written notice of entry of judgment.
FN2. HRS § 291-4 provided in relevant part:
Driving under influence of intoxicating liquor. (a) A person commits the offense of driving under the influence of intoxicating liquor if:
(1) The person operates or assumes actual physical control of the operation of any vehicle while under the influence of intoxicating liquor, meaning that a person concerned is under the influence of intoxicating liquor in
any amount sufficient to impair the person's normal mental faculties or ability to care for oneself and guard against casualty; or
(2) The person operates or assumes actual physical control of the operation of any vehicle with .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood....
The offense of operating a vehicle under the influence of an intoxicant has been recodified as HRS § 291E-61, effective January 1, 2002, and amended in respects not pertinent to the present matter. See 2000 Haw. Sess. L. Act 189, §§ 23 and 30 at 425-26, 432; 2001 Haw. Sess. L. Act 157, § 25 at 397- 98.
FN3. HRS § 431:10C-104 provides in relevant part:
Conditions of operation and registration of motor vehicles. (a) Except as provided in section 431:10C-105, no person shall operate or use a motor vehicle upon any public street, road, or highway of this State at any time unless such motor vehicle is insured at all times under a motor vehicle insurance policy.
(b) Every owner of a motor vehicle used or operated at any time upon any public street, road, or highway of this State shall obtain a motor vehicle insurance policy upon such vehicle which provides the coverage required by this article and shall maintain the motor vehicle insurance policy at all
times for the entire motor vehicle registration period.
FN4. HRS § 286-163 was the "mandatory testing" provision contained within part VII of HRS ch. 286 (1993 & Supp.2000), the so-called "implied consent
Page 1 2 3 4 5 6 7 8 9 10 11 Hawaii DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|