This decision is published in table format in the Pacific and Hawai'i reporter.
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH HILO DIVISION. (CASE NO. 3DTA-12-00075).
On the briefs: Lianne M. Aoki, Deputy Public Defender, for Defendant-Appellant.
Ryan K. Caday, Deputy Prosecuting Attorney, County of Hawai'i, for Plaintiff-Appellee.
By: Fujise, Presiding Judge, Leonard and Ginoza, JJ.
SUMMARY DISPOSITION ORDER
Defendant-Appellant Justin Shintani Kua (Kua) appeals from the Notice of Entry of Judgment and/or Order, filed on June 25, 2012, in the District Court of the Third Circuit, North and South Hilo Division (district court), convicting Kua of Operating a Vehicle Under the Influence of an Intoxicant, in violation of Hawaii Revised Statutes (HRS) § 291E-61(a) (Supp. 2014).
In the district court, Kua filed a motion to suppress any evidence that was recovered as a result of a non-consensual blood draw conducted pursuant to HRS § 291E-21 (2007). Under this statute, in order for a police officer to obtain a non-consensual blood draw from the operator of a vehicle, there must have been a " collision resulting in injury to or the death of any person[.]" HRS § 291E-21(a) and (c). The district court denied Kua's motion to suppress. Kua thereafter entered a Conditional No Contest Plea and was convicted.
On appeal, Kua contends the district court erred by denying his motion to suppress because there was no evidence of a " collision" within the meaning of HRS § 291E-21, and thus he should not have been subjected to a non-consensual blood draw.
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 Kua's point of error as follows and vacate his conviction.
The district court ruled on Kua's motion to suppress based on stipulated facts filed by the parties. The stipulated facts provide, inter alia, that:
1. On or about August 28, 2011, Officer Jensen Rodrigues was dispatched to a major traffic accident on Kanoelehua Avenue and East Kawili Street;
.. . .
3. Upon arrival, Officer Jensen Rodrigues observed a Toyota Tacoma Truck that was ...