76 Hawai'i 354, State v. Feldhacker

• Decision Date: 16 August 1994
• Docket Number: No. 16977,16977
• Citation: 878 P.2d 169
• Parties: 76 Hawai'i 354 STATE of Hawai'i, Plaintiff-Appellant, v. William Harry FELDHACKER, Defendant-Appellee.
• Court: Hawaii Supreme Court

Page 169

878 P.2d 169

76 Hawai'i 354

STATE of Hawai'i, Plaintiff-Appellant, v. William Harry FELDHACKER, Defendant-Appellee.

No. 16977.

Supreme Court of Hawai'i.

Aug. 16, 1994.

Gilbert P. Kea (John C. Calma with him on the brief), Deputy Pros. Attys., Lihue, for plaintiff-appellant.

William H. Feldhacker, defendant-appellee, pro se.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

KLEIN, Justice.

The Prosecution appeals from an order dismissing criminal charges against William Harry Feldhacker for driving under the influence of intoxicating liquor ("DUI") pursuant to Hawai'i Revised Statutes (HRS) § 291-4 (Supp.1992). ¹ Prior to trial, the prosecutor obtained a copy of the administrative hearing decision that summarized Feldhacker's testimony at his driver's license revocation hearing. Feldhacker claimed that the prosecutor thereby violated the terms of the Notice of Administrative Revocation ("Notice"), which provided that evidence from the administrative hearing would "not be available to the Prosecutor." ² Feldhacker moved to suppress the evidence and for dismissal of the charges. The district court agreed with Feldhacker, prompting this appeal. We reverse.

I. Facts

Feldhacker was arrested on July 10, 1992 for DUI. The police informed him of the administrative revocation process pursuant to HRS chapter 286, Part XIV (Supp.1992) ("Administrative Revocation Program") and issued the required Notice pursuant to HRS § 286-255. A printed statement on the back of the Notice informed Feldhacker that

[c]riminal charges filed pursuant to Section 291-4, HRS, may be prosecuted concurrently with this administrative action. If criminal charges are filed, all evidence from the administrative proceedings shall not be available to the Prosecutor.

(Emphasis added.)

After administrative review, Feldhacker's license was revoked. See HRS § 286-258. He then requested an administrative hearing that resulted in a rescission of the revocation because there was neither reasonable suspicion to stop Feldhacker's vehicle nor probable cause to believe that he operated the vehicle while intoxicated. See HRS § 286-259(e).

After the administrative process concluded, Feldhacker was criminally charged with two counts of DUI in violation of HRS § 291-4(a)(1) and (2). The parties stipulated that the prosecutor had received a copy of the Findings of Fact, Conclusions of Law, and Decision arising out of the administrative hearing ("Administrative Decision"), and that it contained evidentiary matters, including portions of Feldhacker's testimony. ³ Based on the stipulation, Feldhacker moved to dismiss the DUI charges, arguing that the Notice afforded him "use immunity." The prosecutor countered that neither HRS § 286-253(a) ⁴ nor the Notice provided "immunity" to Feldhacker; furthermore, no statutory provision bars the prosecutor from receiving a copy of the Administrative Decision. The only applicable restriction concerns the admission at trial of documentary and testimonial evidence provided by the arrestee during the administrative proceedings.

The district court nevertheless granted Feldhacker's motion, finding that the Notice was a promise of "use immunity" and that the prosecutor was not entitled to request or receive the Administrative Decision. The pertinent findings of fact supporting the dismissal are: 1) The Administrative Decision includes portions of Feldhacker's testimony; 2) Feldhacker was given written notice that all evidence from the administrative proceeding shall not be available to the Prosecutor; and 3) the prosecuting attorney obtained the Administrative Decision. None of these findings was challenged by the Prosecution on appeal.

In its conclusions of law (COL), the district court determined that: 1) The Notice "was a 'use immunity' promise" to Feldhacker; 2) the Prosecutor "was not entitled to request, or to receive, the Administrative Hearing Opinion, and by obtaining the same, all matters contained therein became 'tainted' information;" 3) "[b]ut for the Administrative Hearing, the Prosecuting Attorney would not have obtained portions of the testimony of [Feldhacker];" 4) under State v. Miyasaki, 62 Haw. 269, 614 P.2d 915 (1980), "the use to which a Prosecutor would put immunized evidence is difficult, if not impossible to prove or disprove;" and 5) "the sole question for this Court is whether this subsequent criminal prosecution is related to the substance of the testimony or evidence given by [Feldhacker] at the Administrative Hearing after being advised that information would not be provided to the Prosecution; and this Court finds that it is." Id. These COL were assigned as points of error by the Prosecution.

II. Discussion

Because the facts are unchallenged, the sole issue on appeal is whether Feldhacker was entitled to "immunity" from the DUI prosecution after the prosecutor obtained the record of Feldhacker's administrative hearing.

A. The Notice and HRS Chapter 286

The Administrative Driver's License Revocation Office (ADLRO), under the administrative director of the courts, is charged with the implementation of the Administrative Revocation Program. See HRS § 286-251. Pursuant to its authority under HRS § 286-254, the ADLRO drafted the Notice that the police give to DUI arrestees. The Notice includes a statement that the evidence and testimony provided by an arrestee at the administrative hearing "shall not be available" to the prosecutor. The district court concluded that this language was a promise of "use immunity."

In isolation, the Notice language appears to prohibit the prosecutor from obtaining any evidentiary or testimonial evidence given by an arrestee during the administrative hearing. When the Notice is considered along with HRS § 286-253(a), ⁵ however, it is clear that there is a fundamental conflict between the phrases "shall not be available" and "shall not be admissible." Availability encompasses any access to or use of evidence both before and during trial; admissibility, on the other hand, concerns evidence actually proffered at trial.

"It is axiomatic that an administrative rule cannot contradict or conflict with the statute it attempts to implement." Hyatt Corp. v. Honolulu Liquor Comm'n, 69 Haw. 238, 241, 738 P.2d 1205, 1206 (1987). An agency "may not enact rules and regulations which enlarge, alter, or restrict the provisions of the act being administered." Jacober v. Sunn, 6 Haw.App. 160, 167, 715 P.2d 813, 819 (1986).

By its clear and unambiguous language, HRS § 286-253(a) prevents the Prosecution from gaining the admission of documentary or testimonial evidence presented by an arrestee at the administrative level in a subsequent criminal prosecution. " 'Our primary duty in interpreting and applying statutes is to ascertain and give effect to the legislature's intention to the fullest degree.' " Richardson v. City and County of Honolulu, 76 Hawai'i 46, 68, 868 P.2d 1193, 1215, (Klein, J., dissenting) (quoting Methven-Abreu v. Hawaiian Ins. & Guar. Co., 73 Haw. 385, 392, 834 P.2d 279, 284, reconsideration denied, 73 Haw. 625, 838 P.2d 860 (1992)), reconsideration denied, 76 Hawai'i 247, 871 P.2d 795 (Haw.1994). The legislative intent "is to be obtained primarily from the language contained in the statute itself." Id. (quoting Kam v. Noh, 70 Haw. 321, 324, 770 P.2d 414, 416 (1989)). ⁶

The intent of the law is to permit side-by-side administrative and criminal proceedings: the Administrative Revocation Program was designed to co-exist with criminal DUI prosecution. The legislature spoke clearly on this subject when it enacted HRS § 286-253. The statute merely imposes an evidentiary bar; it does not prevent the Prosecution from obtaining a copy of the Administrative Decision, nor does it prohibit the Prosecution from obtaining the evidence or testimony provided by an arrestee. Thus, pursuant to HRS § 286-253, evidence presented by an arrestee during the administrative proceedings shall not be admissible against the arrestee at a subsequent criminal proceeding for DUI.

The Notice in the instant case, however, mistakenly enlarges the statutory limitation by rendering the Administrative Decision unavailable to the prosecutor. The ADLRO has a duty to provide clear information regarding both the administrative and criminal proceedings faced by a defendant. See HRS § 286-254(a)(2)-(3). Because the Notice contains an improper and erroneous statement of a defendant's rights, it is void and must be modified to comply with the requirements of HRS § 286-253.

To the extent that Feldhacker relied upon the Notice by giving his testimony in the administrative hearing, he is not entitled to equitable relief because he benefitted by having the matter concluded in his favor. The law and the wording of the Notice, erroneous though the latter may be, convey no grant of "use immunity" and no such immunity can fairly be implied as a remedy for Feldhacker's unreasonable reliance on the Notice.

B. Statutory Requirements for Granting Immunity

It is clear that the statutory requirements for granting immunity, under HRS chapter 621C (1985), Witness Immunity, were not satisfied by the Notice nor could they have been. HRS § 621C-2 ⁷ sets out the authority and procedures involved in obtaining immunity from prosecution for witnesses subpoenaed to testify in an official proceeding. The process is designed to preserve the witnesses' rights against self-incrimination. However, none of the procedures were followed in the instant revocation proceeding, either prior to or after Feldhacker's testimony before the hearing officer. Feldhacker was not compelled to testify, nor did the prosecutor request a court order granting him immunity. Clearly the statutes do not confer the power to grant prosecutorial immunity from subsequent DUI prosecution upon the ADLRO. Rather, only "a judge of a circuit court may, upon application by the attorney general or county prosecutor, ... order ... [a...