State v. Kelekolio

14 P.3d 364, 94 Haw. 354
CourtHawaii Intermediate Court of Appeals
DecidedNovember 29, 2000
Docket22289
StatusPublished
Cited by12 cases

This text of 14 P.3d 364 (State v. Kelekolio) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Kelekolio, 14 P.3d 364, 94 Haw. 354 (hawapp 2000).

Opinion

Opinion of the Court by

WATANABE, J.

The primary issue 1 in this appeal is whether the District Court of the Fifth Circuit (the district court) correctly ruled that Defendant Appellee Guy K. Kelekolio (Kele-kolio) could not be convicted of operating a vehicle without a license, in violation of Hawaii Revised Statutes (HRS) § 286-102 (1993 & Supp.1998), because he was operating the vehicle in the parking lot of a private hotel, rather than on a public highway.

*355 We conclude that the district court was wrong in its ruling. Accordingly, we vacate the Findings of Fact, Conclusions of Law, and Order of Dismissal entered by the district court on January 20, 1999 (the January 20, 1999 Order) and remand for further proceedings.

BACKGROUND

On September 25, 1998, at 12:40 p.m., Ke-lekolio was cited by a Kauai police officer for operating a motor vehicle around the parking lot of the Kauai Lagoons Hotel without a valid motor vehicle driver’s license, in violation of HRS § 286-102. The citing officer observed in his written report of the incident that Kelekolio “only had a drivers [sic] permit and did not have another person in the vehicle with him.”

At a “stipulated facts” trial held on December 18, 1998, the parties did not dispute that the Kauai Lagoons Hotel parking lot is private property and that Kelekolio did not have a driver’s license when he was cited for operating a motor vehicle without a valid driver’s license. In light of these undisputed facts, however, Kelekolio argued that he should be acquitted because HRS § 286-102 was not applicable to the operation of motor vehicles on private property. The district court agreed with Kelekolio’s argument and ordered that the case against Kelekolio be dismissed.

Subsequently, the district court entered the January 20, 1999 Order from which the State now appeals, dismissing the charge against Kelekolio on the basis that “HRS § 286-102 does not apply to the operation of a motor vehicle on private property!.]” In so ruling, the district court entered the following conclusions of law:

1. [HRS c]hapter 286 relates to “Highway Safety” and generally deals with highway safety as it relate[d] to the regulation of motor vehicles and those who operate them.
2. HRS § 286-2 defines “Highway” as follows:
“Highway” means the entire width between the boundary lines of every way •publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
3. HRS § 286-2 defines “Motor Vehicle” as follows:
“Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails, but excludes a moped.
4. HRS § 286-2 defines “Vehicle” as follows:
“Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, but excludes devices moved by human power or devices used exclusively upon stationary rails or tracks and mopeds.
5. If HRS § 286-102 applied to the operation of motor vehicles upon private premises every self-propelled lawn mower, golf cart and other similar appliance would be subject to licensing and other requirements, i.e., safety inspections and registrations. It does not appear that such broad, sweeping application was intended.
6. The intent of the licensing provision which states that “no person ... shall operate any category of motor vehicles” without being first examined and licensed must be gleaned from the nature of the chapter and the definition of motor vehicle.
7. The intent of Chapter 286 is to foster highway safety by regulating the machines that operate upon the highway and by licensing the drivers of those machines upon the highway. The following sections of Chapter 286 should be read in para [sic] materia:
(a) HRS § 286-110(e) provides for persons to receive an instruction permit “to drive upon the highways” for 90 days.
(b) HRS § 286-121 provides that the “privilege of driving a motor vehicle on the highway of this State” given to a nonresident is subject to suspension or revocation the same as a driver’s license issued under Chapter 286.
(c) HRS § 286-132 imposes a penalty upon any person who “drives any motor *356 vehicle upon the highways of this State” while his license is suspended or revoked.
(d) HRS § 286-133 prohibits permitting unlicensed persons to drive “upon any highway”[.]
(e) HRS § 286-151 provides that persons operating motor vehicles “on the public highways of this State" are deemed to have given consent to be tested for intoxication.
8. In State v. French, 77 Hawai'i 222 [883 P.2d 644] (1994) the defendant was convicted of driving without a license in violation of HRS § 286-102. He claimed to be a member of the Kingdom of Hawaii and therefore not subjected to Hawaii’s traffic laws. Rejecting his claim the Hawaii Supreme Court declared:
“The state’s requirements that all persons who operate motor vehicles on state highways possess a valid driver’s license [and] safety inspection tags ...

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Cite This Page — Counsel Stack

Bluebook (online)
14 P.3d 364, 94 Haw. 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kelekolio-hawapp-2000.