 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Prendergast2/2/2004
Defendant-appellant William L. Prendergast appeals from the second circuit court's judgment of conviction and sentence for driving under the influence of intoxicating liquor [hereinafter, "DUI"] filed on November 21, 2001. Prendergast argues that the district court erroneously denied his motion to suppress evidence recovered as a result of an anonymous tip that he was driving erratically. Based on the following, we affirm the district court's ruling on the motion to suppress as well as the district court's judgment of conviction and sentence.
I. BACKGROUND
At approximately 9:05 p.m. on May 7, 2001, Maui Police Department (MPD) Officer Gordon Sagun was at the Kihei Police Station. The MPD dispatcher called Officer Sagun and informed him that a caller, who identified himself as Daniel Gilbert, reported that a silver Honda Accord with license plate number EGN 656 had crossed over the center line on Honoapi'ilani highway; the caller reported that the Accord had almost caused **716 *453 several head-on collisions and had almost hit a guardrail. The caller told the dispatcher that the Accord had turned on to North Kihei Road, and the dispatcher relayed this information to Officer Sagun. The dispatcher also informed Officer Sagun that the caller was on the other line and was calling from a cellular phone.
At approximately 9:13 p.m., Officer Sagun was traveling north on North Kihei Road when he saw a line of vehicles, including an Accord matching the caller's description, traveling south on North Kihei Road. Officer Sagun testified that there were three or four cars in front of the Accord and two or three cars behind it, and that the cars "were all pretty much bunched together." After he passed the Accord and the other cars, Officer Sagun turned around. He had already activated his blue lights and siren; the two or three cars behind the Accord pulled over, and Officer Sagun was able to catch up with the Accord.
Officer Sagun did not personally observe the Accord moving erratically. Instead, he pulled over the Accord as soon as he turned around. He testified that "the call came down as a reckless driver; I wanted to stop him already. He almost caused a head-on collision, that's what the caller was saying."
The caller indicated that he was a tourist and was unable to stop because he was going to the airport. The district court found that there was no further information about the caller other than that his name was Daniel Gilbert.
The prosecution subsequently charged the driver, Prendergast, with driving under the influence of intoxicating liquor in violation of Hawai'i Revised Statutes (HRS) § 291-4(a)(1) (Supp.2000) [FN1] and with reckless driving of a vehicle in violation of HRS § 291-2 (Supp.2000). [FN2] Prendergast moved to suppress the evidence obtained from the warrantless search and seizure of his person and property. The district court, the Honorable Barclay E. MacDonald presiding, denied the motion to suppress. Prendergast subsequently entered a plea of no contest to DUI, conditioned upon his right to appeal the denial of his motion to suppress; in exchange, the prosecution dismissed the count of reckless driving. Prendergast filed a notice of appeal with this court on December 20, 2001.
FN1. In 1999, HRS § 291-4(a)(1) provided:
Driving under the 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 the person concerned is under the influence of intoxicating liquor in an amount sufficient to impair the person's normal mental faculties or
ability to care for oneself and guard against ca
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.
|
|