State v. Mitchell
| Decision Date | 12 December 2000 |
| Docket Number | No. 22217.,22217. |
| Citation | 15 P.3d 314,94 Haw. 388 |
| Parties | STATE of Hawai`i, Plaintiff-Appellee, v. Preston MITCHELL, Defendant-Appellant. |
| Court | Hawaii Court of Appeals |
Jon N. Ikenaga, Deputy Public Defender, on the briefs, for defendant-appellant.
Richard K. Minatoya, Deputy Prosecuting Attorney, County of Maui, on the briefs, for plaintiff-appellee.
Defendant-Appellant Preston Mitchell (Mitchell) appeals the December 30, 1998 judgment of the district court of the second circuit, in which the court, upon a bench trial of even date, convicted him of driving under the influence of intoxicating liquor (DUI), in violation of Hawai`i Revised Statutes (HRS) § 291-4(a)(1),1 and of inattention to driving, in violation of HRS § 291-12.2
For the following reasons, we affirm.
On May 2, 1998, at approximately 4:18 p.m., Officer Lance Kaupalolo (Officer Kaupalolo) was called to the scene of a two-car accident on Walaka Street at South Kihei Road in Wailuku, Maui. Upon his arrival, Officer Kaupalolo observed two cars—one white, two-door sedan and a red compact—partially blocking the roadway. He noted rear-end damage to the red car and front-end damage to the white car.
Officer Kaupalolo spoke to the driver of each vehicle. Officer Kaupalolo asked Mitchell if he was the driver of the white sedan and if he had any injuries. Mitchell identified himself as the driver and said that he had no injuries.
Officer Kaupalolo testified that Mitchell appeared to be a little agitated. Mitchell's speech was slurred and he had difficulty standing. Officer Kaupalolo opined that these are possible signs of impairment.
Officer Kaupalolo asked Mitchell for his insurance papers, which Mitchell provided.
After seeing the signs of impairment, Officer Kaupalolo asked Mitchell to "lean up against his car, have a seat near the ground, while we try and move the vehicles off of the roadway, or at least try and clear a path for traffic." At this time, Officer Ruel Dalere (Officer Dalere) arrived on the scene to assist. Officer Dalere spoke with Mitchell while Officer Kaupalolo tended to the other vehicle.
On cross-examination, Officer Kaupalolo admitted that he had not, in so many words, indicated in his accident report that Mitchell was the driver of the white sedan. However, he explained that if he identified an individual in his report, it means he identified the operator of the vehicle in question or a possible operator. Officer Kaupalolo wrote Mitchell's name in Box 17 of his report, indicating the operator's name.
The State's next witness, Officer Dalere, testified that he has worked for the Maui Police Department for six years and had received training in DUI detection at a DUI class. Officer Dalere heard the police radio transmission regarding the accident and responded in order to assist.
Upon arriving at the scene, Officer Dalere saw Mitchell by the front fender of his white sedan. Officer Dalere observed front-end damage to the white sedan.
After Officer Kaupalolo briefed him on the incident, Officer Dalere approached Mitchell. Mitchell appeared very unstable on his feet. Officer Dalere detected an odor of liquor coming from Mitchell's mouth. Mitchell was swaying from side to side. Officer Dalere saw Mitchell lean against the front fender of his vehicle. Officer Dalere later testified that Mitchell appeared to have difficulty walking.
When Officer Dalere asked Mitchell if he had been drinking, Mitchell yelled "No" and became very hostile. Because of the odor of liquor coming from Mitchell's mouth, Officer Dalere repeatedly asked Mitchell if he had been drinking. However, Mitchell was uncooperative and yelled, accusing Officer Dalere of "picking on the haole" or something to that effect.
Officer Dalere had to repeatedly ask Mitchell to remove his sunglasses. When Mitchell finally complied, Officer Dalere observed that Mitchell's eyes were red, bloodshot and watery. Officer Dalere opined that these are signs of intoxication.
Mitchell denied imbibing, but mentioned that he had medical problems and was taking pain medication for his back and knees. Officer Dalere testified that the Mitchell's pain medication was medication "[t]hat he obviously got from his dad that wasn't prescribed to him."
Mitchell did not say that he had been injured in the accident.
Officer Dalere asked Mitchell to take a field sobriety test (FST). Mitchell refused to do the one-leg stand or the walk-and-turn, but he did participate in the horizontal gaze and nystagmus test (HGN). With respect to the HGN, Officer Dalere testified that he was checking for lack of smooth pursuit of the object being presented when tracked by the eye, onset before 45 degrees and maximum deviation at 45 degrees.
Officer Dalere then explained that he had received training in the HGN test through the DUI class and that he had conducted close to one hundred HGN tests. The DUI trainer was a certified DUI instructor, Officer Champ Wright.
While conducting the HGN test on Mitchell, Officer Dalere detected six clues of intoxication, which he noted on the field sobriety test checklist. Officer Dalere determined from Mitchell's performance on the HGN test that he was impaired while operating his vehicle, and that he was in no condition to drive.
Mitchell refused to participate in any further FST. Officer Dalere then advised Mitchell that he was going to be placed under arrest for DUI.
On cross-examination, Officer Dalere admitted that Officer Kaupalolo had informed him Mitchell was driving the car responsible for the accident. He had not himself seen Mitchell driving. Officer Dalere did not ask Mitchell if he had been driving, and Mitchell did not volunteer any information to that effect. Officer Dalere also admitted that it was possible Mitchell was leaning on the car because of the effects of the accident, and swaying from side to side due to the medications he said he had taken.
Mitchell testified in his defense that he was a passenger in his car, which was being driven by Mike Crawford (Crawford). Mitchell described Crawford as someone he has known off and on for about four or five years, from parties and get-togethers.
Mitchell testified that he and Crawford had come from the Kamaole III, where they had been "[s]itting, getting together with a few people, just having a couple of beers." Mitchell had taken medication earlier for his back and heel, and was in no condition to drive, so he allowed Crawford to drive him home.
After the accident occurred, Crawford left the car and ran away. Mitchell did not know why. Mitchell was not able to find Crawford before the trial.
Mitchell testified that when the police arrived at the scene, he informed them that he had not been driving the white sedan. From that point on, he claimed, the police officers harassed him.
On cross-examination, Mitchell testified that he was under the influence of Vicoset at the time of the accident, a medication that is prescribed to him. However, Mitchell did not have the prescription with him at the time of his trial.
Mitchell characterized Crawford as an acquaintance. He said he thought he knew where Crawford lived at the time of the accident, but apparently Crawford had since moved. When asked if he remembered what Crawford's address had been, Mitchell replied,
Neither the State nor the defense called any other witnesses.
The court found Mitchell guilty as charged:
Mitchell filed a timely notice of appeal on January 20, 1999.
Mitchell contends on appeal that:
1. The court erred in proceeding to bench trial without obtaining from him a valid waiver of his right to a jury trial;
2. The court erred in admitting the HGN test results as substantive evidence of intoxication;
3. There was insufficient evidence to find him guilty of DUI; and
4. There was insufficient evidence to find him guilty of inattention to driving.
" " State v. Ferm, 94 Hawai`i 17, 22, 7 P.3d 193, 198 (App.2000) (quoting State v. Hanapi, 89 Hawai`i 177, 182, 970 P.2d 485, 490 (1998)).
In Hawai`i, admission of opinion [testimony] is a matter within the discretion of the trial court, and only an abuse of that discretion can result in reversal. . . . Generally, to constitute an abuse [of discretion,] it must appear that the [trial] court clearly exceeded the bounds of reason or disregarded rules or principles of law or practice to the substantial detriment of a party litigant.
State v. Toyomura, 80 Hawai`i 8, 23-24, 904 P.2d 893, 908-09 (1995) (citations omitted).
The courts "`have long held that evidence adduced in the trial court must be considered in the strongest light for the prosecution when the appellate court passes on the legal sufficiency of such evidence to support a conviction; the same standard applies whether the case was before a judge or a jury.'" State v. Pone, 78 Hawai`i 262, 265, 892 P.2d 455, 458 (1995) (quoting State v. Batson, 73 Haw. 236, 248, 831 P.2d 924, 931, reconsideration denied, 73 Haw. 625, 834 P.2d 1315 (1992)). Substantial evidence is "evidence which a...
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