State of Hawaiʻi v. Carson Lalepa Wheeler, 121 Haw. 383

Summary

The Supreme Court of Hawaiʻi held that operation of a vehicle upon a public way, street, road, or highway is an attendant circumstance and essential element of the offense of operating a vehicle under the influence of an intoxicant. Because the oral charge against Carson Lalepa Wheeler did not allege that the vehicle was operated in such a location, the charge was legally insufficient. The court affirmed the Intermediate Court of Appeals’ judgment vacating the conviction and remanding with instructions to dismiss without prejudice.

Holdings

1. Operation of a vehicle upon a public way, street, road, or highway is an attendant circumstance and therefore an essential element of the OVUII offense under HRS § 291E-61(a)(1).
2. The oral charge was insufficient because it did not allege that Wheeler operated or assumed actual physical control of the vehicle upon a public way, street, road, or highway.
3. Ruggiero and Kekuewa did not require a contrary result because they addressed allegations concerning prior OVUII convictions and did not decide whether the public-roadway requirement was an essential element or was adequately alleged.
4. The Motta/Wells liberal construction rule did not apply because Wheeler timely objected to the sufficiency of the oral charge before trial.

Questions Presented

1. Whether operation of a vehicle upon a public way, street, road, or highway is an essential element or attendant circumstance of the OVUII offense under HRS § 291E-61(a)(1).
2. Whether the oral charge was legally sufficient when it used the word "operate" but did not allege that Wheeler operated the vehicle upon a public way, street, road, or highway.
3. Whether State v. Ruggiero and State v. Kekuewa required a contrary result or controlled the sufficiency-of-the-charge issue.
4. Whether the timely pretrial objection prevented application of the liberal post-conviction construction rule applicable to defective charges challenged for the first time on appeal.

Disposition

affirmed