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State v. Yee11/16/2001
On April 7, 2000, Defendant-Appellant Gregory Wyhong Yee (Yee) was arraigned on one count of Driving Under the Influence of Intoxicating Liquor (DUI), in violation of Hawaii Revised Statutes (HRS) § 291-4(a)(1) (Supp. 1999).
Following a bench trial, the District Court of the First Circuit (district court) found Yee guilty. Since this conviction was Yee's second within a five-year period for DUI, the district court sentenced Yee to a one-year license suspension, one hundred hours of community service, and a fourteen-hour alcohol abuse program; fined him $500; and ordered him to pay $107 to the Driver's Education Fund.
Yee appeals the April 7, 2000, Judgment of the district court. On appeal, Yee contends the district court erred in denying his motion for judgment of acquittal in the absence of substantial evidence that Yee was under the influence of alcohol at the time he operated his vehicle. We disagree with Yee's contention and affirm the April 7, 2000, Judgment of the district court.
I. BACKGROUND
Credible evidence at trial established that on May 23, 1998, Tony Raiola (Raiola), a twenty-year employee of GTE Hawaiian Telephone was working as a line worker, placing telephone cable and repairing facilities, cables, and poles on the road. Raiola testified that at approximately 11:00 p.m. on May 23, he responded to a trouble call in the Pounder's Beach area in Laie. Raiola traveled to Laie on Kamehameha Highway, a four-lane highway (two lanes heading in each direction). Raiola recalled that traffic conditions on Kamehameha Highway at that hour were light. Raiola was familiar with the area because he drove that route three to four times a month.
Raiola testified that in the Kaaawa Beach area, he noticed a red Dodge Colt (the Colt) about ten to fifteen feet in front of him swerve across the double solid yellow line. Raiola saw the Colt pass over the yellow line by over half of the car's length for about a second and a half before moving back. Believing that the driver of the Colt was falling asleep, Raiola remained directly behind the Colt because he was afraid of passing the Colt.
Raiola testified that between Kaaawa and the big turn at Kahana Bay/Crouching Lion, he observed the Colt swerve across the line about three times. As the Colt made the turn at Kahana Bay, Raiola saw the Colt cross completely into the on-coming traffic lane, remain there for approximately one to two seconds, and then return to his lane of travel. Raiola described that as the "wake up call" and gave the Colt some space because he was concerned the Colt was going to hit a utility pole or encounter oncoming traffic.
Raiola testified that after the turn going up towards the bridge at Kahana Bay, the Colt swerved over the line again. Before the turn, Raiola tried to get the Colt's attention by signaling with his horn, but there was no response from the Colt.
Raiola testifed that by the Kahana Bay pier, he saw the Colt go over the double solid line for three or four seconds as the Colt rounded the turn; as the turn straightened out, the Colt went back in its lane. Between Punaluu and Hauula Elementary School, the Colt crossed over the center lane "about five more times." Near the elementary school area, the driver of the Colt pulled off to the right side of the road and stopped suddenly. Raiola stopped and yelled at the driver that the driver was going to hit a utility pole or kill someone. The driver said, "fuck off." Raiola identified Yee as the driver of the Colt.
Raiola testified that he called 911 and reported a person DUI in a red Dodge Colt. Raiola made a u-turn by the shopping center across the street and then
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