State v. Dauer, 083019 HIICA, CAAP-18-0000004
|Party Name:||STATE OF HAWAI'I, Plaintiff-Appellee, v. CHELSEA L. DAUER, Defendant-Appellant|
|Attorney:||On the briefs: Earle A. Partington, Law Office of Earle A.Partington), R. Patrick McPherson, (Law Office of R. Patrick McPherson, AAL, ALC), for Defendant-Appellant. Chad Kumagai, Deputy Prosecuting Attorney, for Plaintiff-Appellee.|
|Judge Panel:||Ginoza, Chief Judge, Leonard and Chan, JJ.|
|Case Date:||August 30, 2019|
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION (CASE NO. 1DTA-17-00865)
On the briefs: Earle A. Partington, Law Office of Earle A.Partington), R. Patrick McPherson, (Law Office of R. Patrick McPherson, AAL, ALC), for Defendant-Appellant.
Chad Kumagai, Deputy Prosecuting Attorney, for Plaintiff-Appellee.
Ginoza, Chief Judge, Leonard and Chan, JJ.
SUMMARY DISPOSITION ORDER
Defendant-Appellant Chelsea L. Dauer (Dauer) appeals from a Notice of Entry of Judgment and/or Order and Plea/Judgment (Judgment), entered on December 6, 2017, by the District Court of the First Circuit, Honolulu Division (district court).The district court convicted Dauer of one count of Operating a Vehicle Under the Influence of an Intoxicant, in violation of Hawaii Revised Statutes (HRS) § 291E-61(a)(1) (2007 and Supp. 2018} .2
On appeal, Dauer argues the district court wrongly concluded (1) the roadblock at which she was stopped complied with the Hawaii Administrative Rules (HAR), where Plaintiff-Appellee State of Hawai'i (State) failed to* demonstrate the Honolulu Police Department (HPD) issued a news release, notifying the public "of the fact and purpose of the roadblock," in compliance with the Rules of the Chief of Police (RCP) Rule 18-3(d); and (2) the evidence was sufficient to convict her where the district court failed to find her normal mental faculties were impaired.
Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we resolve Dauer's points of error as follows.
A. Compliance with RCP Rule 18-3(d)
RCP Rule 18-3(d) provides: The following safety precautions shall be provided at every roadblock.
(d) Advance warning of the fact of the roadblock, either by reflective sign, flares, or other alternative methods. Advance warning of the fact and purpose of the roadblocks by proper news release[.]
Dauer argues the roadblock was invalid where the State failed to prove compliance with RCP Rule 18. This point lacks merit. Even if the HPD failed to issue a news release to warn the public about potential future roadblocks, a failure...
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