State v. Sullivan12/17/2001
Defendant-appellant Kevin A. Sullivan (Sullivan) was charged with driving under the influence of drugs (DUI-DRUGS), in violation of Hawaii Revised Statutes (HRS) § 291-7 (1993).
Sullivan appeals from the order of the first circuit court, denying his motion for a jury trial. On appeal, Sullivan claims that the circuit court incorrectly determined that a first-time DUI-DRUGS offense constitutes a "petty" offense to which a jury trial does not attach.
We hold that (1) for purposes of HRS § 291-7, a first-time DUI-DRUGS offense is not a constitutionally "serious" offense, and (2) the first circuit court properly denied Sullivan's request for a jury trial. Accordingly, we affirm the judgment of the first circuit court.
I. BACKGROUND
On November 22, 1998, Sullivan was arrested for driving under the influence of drugs, in violation of HRS § 291-7. On January 19, 1999, at the commencement of the proceedings, Sullivan appeared in district court and requested that his case be set for jury trial. Sullivan's request for a jury trial was denied. Thereafter, the court granted Sullivan's request to continue trial.
When the parties appeared for trial on June 14, 1999, the district court denied Sullivan's motion seeking a jury trial. Sullivan's bench trial began on July 26, 1999. On September 20, 1999, the court found Sullivan guilty of a first-time DUI-DRUGS offense, in violation of HRS § 291-7. The court sentenced Sullivan to a 14-hour minimum drug abuse rehabilitation program, a 90-day license suspension, 72 hours of community service, and a fine of $400.00. Sullivan's sentencewas stayed pending appeal.
II. STANDARD OF REVIEW
A. Statutory Interpretation
" he interpretation of a statute is a question of law reviewable de novo." State v. Wang, 91 Hawaii 140, 141, 981 P.2d 230, 231, reconsideration denied, 90 Hawaii 441, 978 P.2d 879 (1999) (quoting Gray v. Administrative Dir. of the Court, 84 Hawaii 138, 144, 931 P.2d 580, 586 (1997) (citations and ellipses omitted)).
When construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.
When there is doubt, doubleness of meaning, or indistinctiveness or uncertainty of an expression used in a statute, an ambiguity exists. . . .
In construing an ambiguous statute, " he meaning of the ambiguous words may be sought by examining the context, with which the ambiguous words, phrases, and sentences may be compared, in order to ascertain their true meaning." HRS § 1-15(1) [(1983)]. Moreover, the courts may resort to extrinsic aids in determining legislative intent. One avenue is the use of legislative history as an interpretive tool. Gray, 84 Hawaii at 148, 931 P.2d at 590 (quoting State v. Toyomura, 80 Hawaii 8, 18-19, 904 P.2d 893, 903-04 (1995)) (brackets and ellipsis points in original) (footnote omitted).
This court may also consider " he reason and spirit of the law, and the cause which induced the legislature to enact it . . . to discover its true meaning." HRS § 1-15(2) (1993). "Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other. What is clear in one statute may be called upon in aid to explain what is doubtful in another." HRS § 1-16 (1993). Ho v. Leftwich, 88 Hawaii 251, 256-57, 965 P.2d 793, 798-99 (1998) (quoting Korean Buddhist Dae Won Sa Temple v. Sullivan, 87 Hawaii 217, 229-30, 953 P.2d 1315, 1327-
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