intoxicant violation in Hawaii

2012RUGGIERO did operate or assume actual physical control of a vehicle while under the influence of an intoxicant meaning that he was under the influence of alcohol in an amount sufficient to impair his normal mental faculties or ability to care for himself and guard against casualty, thereby committing the offense of Operating a Vehicle Under the Influence of an Intoxicant in violation of Section 291E- 61 of the Hawai#i Revised Statutes. 21 Ruggiero classifies the March 10, 2004 arrest and subsequent charge and conviction as a “DUI.” For consistency purposes, this memorandum uses the term “OVUII

2012RUGGIERO did operate or assume actual physical control of a vehicle while under the influence of an intoxicant meaning that he was under the influence of alcohol in an amount sufficient to impair his normal mental faculties or ability to care for himself and guard against casualty, thereby committing the offense of Operating a Vehicle Under the Influence of an Intoxicant in violation of Section 291E- 61 of the Hawai#i Revised Statutes. 21 Ruggiero classifies the March 10, 2004 arrest and subsequent charge and conviction as a “DUI.” For consistency purposes, this memorandum uses the term “OVUII

2023CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. JACLYN PICKERILL, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT KONA DIVISION (CASE NO. 3DTA-20-02431) SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, and Wadsworth and Chan, JJ.) Defendant-Appellant Jaclyn Pickerill (Pickerill) appeals from the Judgment and Notice of Entry of Judgment entered on July 8, 2021 (Judgment), by the District Court of the Third Circuit, Kona Division (District Court).1 Pickerill was convicted of Operating a Vehicle

2023CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. JACLYN PICKERILL, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT KONA DIVISION (CASE NO. 3DTA-20-02431) SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, and Wadsworth and Chan, JJ.) Defendant-Appellant Jaclyn Pickerill (Pickerill) appeals from the Judgment and Notice of Entry of Judgment entered on July 8, 2021 (Judgment), by the District Court of the Third Circuit, Kona Division (District Court).1 Pickerill was convicted of Operating a Vehicle

2018“The relevant question under the harmless beyond a reasonable doubt standard is whether there is a reasonable possibility that error might have contributed to [the] conviction.” Han, 130 Hawaii at 93, 306 P.3d at 138 (quoting State v. Schnabel, 127 Hawaii 432, 450, 279 P.3d 1237, 1255 (2012)). 21 ***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER*** Had Eduwensuyi testified, he may have been able to contest the State’s case and shed light on whether he operated a vehicle under the influence of an intoxicant in violation of HRS § 291E-61(a)(1).

2018From our review of the record, we cannot conclude that the district court's error was harmless because it is not knowable whether Celestine's testimony, had she given it, could have established reasonable doubt that she operated a vehicle under the influence of an intoxicant in violation of HRS § 291E-61(a)(1). 18 See Pomroy , 132 Hawai'i at 94 , 319 P.3d at 1102 .

2018From our review of the record, we cannot conclude that the district court's error was harmless because it is not knowable whether Celestine's testimony, had she given it, could have established reasonable doubt that she operated a vehicle under the influence of an intoxicant in violation of HRS § 291E-61(a)(1). 18 See Pomroy , 132 Hawai'i at 94 , 319 P.3d at 1102 .