PART I.
OPERATION
Law Journals and Reviews
Intextication: Txting Whl Drvng. Does the Punishment Fit
the Crime? 32 UH L. Rev. 359 (2010).
§291-1 [NEW] Definitions. As used in
this part:
"Intoxicating liquor" means the same
as the term is defined in section 281-1.
"Public street, road, or highway"
includes the entire width, including berm or shoulder, of every road, alley,
street, way, lane, trail, highway, bikeway, bridge, when any part thereof is
open for use by the public, including any bicycle lane, bicycle path, bikeway,
controlled-access highway, laned roadway, roadway, or street, as defined in
section 291C-1, and any public highway, as defined in section 264-1.
"Scenic lookout" includes any area
within or adjoining a public street, road, or highway which is intended for use
by motorists as a stopping or parking area attendant to the enjoyment of the
surrounding scenery or a view. [L 1986, c 171, §2; am L 2002, c 16, §14]
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1967–2021 · leading case:
State v. Lee, 523 P.2d 315 (Haw. 1974).
State v. Lee, 523 P.2d 315 (Haw. 1974).
· cites it 24× “Thereafter^ on May 17, 1973, defendant-appellee Miles was arraigned in the District Court of the Third Circuit, Puna Division, for alleged violation of HRS § 291-1. 2 The information in the second case charged defendant-appellee Miles as follows: INFORMATION On or about the 8th…”
State v. Figel, 904 P.2d 932 (Haw. 1995).
· cites it 39× “3 The district court denied Figel’s motion, indicating that the “ways” through the Oasis parking lot are “ways or lanes” within the meaning of HRS § 291-1, see supra note 3, and, further, that the legislature created this provision to allow for convictions under HRS § 291-4.”
State v. Wheeler, 219 P.3d 1170 (Haw. 2009).
· cites it 2× “[[Image here]] The former HRS chapter 291 contained no definition for the term "operate,” see HRS § 291-1 (1993), and HRS § 291-4 on its face made no distinction between whether the offense occurred on a public road or on private land.”
State v. Villados, 520 P.2d 427 (Haw. 1974).
· cites it 4× “Villados was charged and found guilty in the circuit court of heedless and careless driving, in violation of HRS § 291-1. From a denial of his motion to vacate sentence, this appeal was taken.”
State v. Ake, 967 P.2d 221 (Haw. 1998).
· cites it 2× “At trial, the defendant was acquitted of the HRS § 291-4(a)(l) charge; however, the jury was unable to reach a verdict on the HRS § 291^1(a)(2) charge.”
Asato v. Furtado, 474 P.2d 288 (Haw. 1970).
· cites it 2× “Based upon the same accident, but before the civil suit was tried, defendant was convicted by a jury of the offense *287 of heedless and careless driving, a violation of HRS § 291-1. This conviction is the focus of the main points raised on this appeal.”
State v. Aiu, 576 P.2d 1044 (Haw. 1978).
· cites it 2× “3 Appellant was charged with this misdemeanor offense under HRS § 291-1 (1955). 4 Appellant was charged with this offense under HRS § 286-102(a).”
State v. Moeller, 433 P.2d 136 (Haw. 1967).
“8 shows that under the instruction, defendant could have been found guilty of murder in the first degree without proof that defendant had killed Officer Kaanana with deliberate premeditated malice aforethought, though Section 291-1, R.L.H. 1955, as amended, defines murder in the…”
State v. Cooley, 233 P.3d 713 (Haw. App. 2010).
· cites it 2× “” HRS § 291-1 (2007). Although one must be at a scenic lookout to violate HRS § 291-3.”
Gaison v. Scott, 59 F.R.D. 347 (D. Haw. 1973).
“Plaintiff was charged with “heedless and careless” operation of a motor vehicle in violation of § 291-1 of the Hawaii Revised Statutes (1968).”
State v. Watanabe, 489 P.3d 791 (Haw. App. 2021).
· cites it 2× “" HRS § 291-1 (2007) provides that "[i]ntoxicating liquor means the same as the term is defined in section 281-1.”
— Haw. Rev. Stat. § 291-1(a)(1) — 1 case
State v. Ake, 967 P.2d 221 (Haw. 1998).
“At trial, the defendant was acquitted of the HRS § 291-4(a)(l) charge; however, the jury was unable to reach a verdict on the HRS § 291^1(a)(2) charge.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.