State v. Pacquing.

297 P.3d 188, 129 Haw. 172, 2013 WL 1187113, 2013 Haw. LEXIS 116
CourtHawaii Supreme Court
DecidedMarch 22, 2013
DocketSCWC-29703
StatusPublished
Cited by10 cases

This text of 297 P.3d 188 (State v. Pacquing.) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Pacquing., 297 P.3d 188, 129 Haw. 172, 2013 WL 1187113, 2013 Haw. LEXIS 116 (haw 2013).

Opinions

Opinion of the Court by

RECKTENWALD, C.J.

Chester Pacquing was charged with one count of Unauthorized Possession of Confidential Personal Information (UPCPI) in relation to two traffic stops in which he identified himself to a police officer using the name, date of birth, and address of his former neighbor, the Complainant in this case.

Pacquing moved to dismiss the charge as a de minimis violation of the UPCPI statute, on the ground that his conduct did not actually cause or threaten the harm sought to be prevented by the statute, or did so only to a trivial extent. See Hawai'i Revised Statutes (HRS) § 702-236(b). In support of his argument, Pacquing relied primarily on factors set forth by this court in State v. Park, 55 Haw. 610, 617, 525 P.2d 586, 591 (1974).

The Circuit Court of the First Circuit granted Pacquing’s motion and dismissed the charge, without prejudice to the State charging Pacquing with the offense of Unsworn Falsification to Authorities.1 The State appealed, and the ICA vacated the circuit court’s dismissal order on the ground that the circuit court had not been presented with [174]*174all of the relevant circumstances surrounding the offense as required under this court’s holding in State v. Rapozo, 123 Hawai'i 329, 235 P.3d 325 (2010). Specifically, the ICA noted that the circuit court was not aware that Paequing was in possession of Complainant’s driver’s license number and partial social security number, which were contained on the citation Paequing received at the initial traffic stop. Accordingly, the ICA remanded to permit the circuit court to consider “all the relevant circumstances.”

Paequing argues that the ICA erred in concluding that the circuit court was not presented with all of the relevant circumstances. He further argues the circuit court did not abuse its discretion in granting his motion to dismiss. Accordingly, Paequing seeks to affirm the circuit court’s dismissal order.

We conclude that Paequing’s arguments are without merit. Accordingly, we agree with the ICA that the dismissal order must be vacated, and the case remanded for further proceedings. However, while we reach the same result as the ICA, our reasoning differs. Specifically, we do not find the information regarding Complainant’s driver’s license number and partial social security number to be dispositive. Rather, we conclude that the circuit court abused its discretion in concluding that Paequing’s conduct constituted a de minimis violation of the UP-CPI statute because, as set forth below, Pae-quing’s conduct actually caused or threatened the harm sought to be prevented by the UPCPI statute, and Paequing failed to meet his burden of demonstrating the results of his conduct were trivial. See HRS § 702-236(b). We therefore affirm the ICA’s judgment.

I. Background

A. Factual history

The following facts are taken from the submissions of the parties to the circuit court, and are undisputed.

On March 23, 2008, at approximately 11:00 p.m., Honolulu Police Department (HPD) Officer Barry Danielson observed a black Aeu-ra Integra being operated with an expired vehicle tax emblem. Officer Danielson initiated a traffic stop and pulled the vehicle over near the intersection of North King Street and Kalihi Street. Officer Darrin Lum arrived to assist Officer Danielson.

Officer Lum observed Paequing in the driver’s seat of the vehicle. He asked for Paequing’s license, registration, and proof of no-fault insurance. Paequing was unable to produce the requested documents, but identified himself as Complainant. Paequing also gave a date of birth and residential address.

Officer Lum proceeded to verify the information Paequing provided. Dispatch informed Officer Lum that the Department of Motor Vehicles Licensing Division (DMV) had a record of Complainant with the date of birth and address given by Paequing. Dispatch also provided Officer Lum with a description of Complainant from the DMV, which also matched Paequing.

Officer Lum issued two citations in Complainant’s name: one criminal citation for the offense of Driving Without Insurance, and one infraction citation for the offenses of Delinquent Vehicle Tax and Fraudulent Safety Check. Paequing signed both citations with Complainant’s name.

Officer Lum later discovered that, although he gave Paequing a copy of the criminal citation, he did not give him a copy of the infraction citation. Officer Lum proceeded to the address Paequing had provided to deliver the citation. When no one answered the door, Officer Lum left the infraction citation in the mailbox.

On March 24, 2008, Complainant went to the Kalihi Police Station and informed the police that he had found the citation in his mailbox and believed it to be in error. Complainant stated that he did not own or operate the black Aeura Integra listed on the citation, nor was he involved in a traffic stop at the time listed on the citation. HPD Officer Tish Taniguchi initiated a police report, and relayed the information to Officer Lum.

On April 7, 2008, Officer Danielson again initiated a traffic stop on the same black Acuna Integra. Officer Lum again arrived to assist. Officer Danielson observed Paequing [175]*175in the driver’s seat, and asked for his license, registration, and proof of no-fault insurance. Paequing stated that he did not have any picture identification, but that he recently received a citation for the same violation. Paequing presented Officer Danielson with the March 23, 2008 criminal citation issued by Officer Lum.

Officer Lum asked Paequing to exit the vehicle and sit in Officer Lum’s HPD issued vehicle. Officer Lum asked another officer to locate Complainant and escort Complainant to the scene. Complainant arrived at the scene at approximately 3:00 a.m., and identified the defendant as “Chester Paequing.” Complainant related that Paequing used to be his neighbor, and that Paequing did not have permission to use any of Complainant’s personal information.

Officer Lum asked Paequing if his name was “Chester Paequing.” Paequing responded in the affirmative, and stated that he was scared because he “had some warrants and did not want to get arrested.” Paequing acknowledged that he used to live near Complainant. Officer Lum then placed Paequing under arrest.

B. Circuit court proceedings

On April 14, 2008, Paequing was charged by way of complaint with one count of UP-CPI, in violation of HRS § 708-839.55,2 in relation to his possession of Complainant’s confidential personal information3 on or about March 23, 2008, to and including April 7, 2008.

On September 2, 2008, Paequing filed a Motion to Dismiss, or in the Alternative, Motion for Bill of Particulars.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. U'u
Hawaii Intermediate Court of Appeals, 2025
State v. Deguerra
Hawaii Intermediate Court of Appeals, 2023
State v. Jose
Hawaii Intermediate Court of Appeals, 2023
United Public Workers and City and County of Honolulu
508 P.3d 1219 (Hawaii Intermediate Court of Appeals, 2022)
State v. Enos
465 P.3d 597 (Hawaii Supreme Court, 2020)
Oahu Publications, Inc. v. Takase.
386 P.3d 873 (Hawaii Supreme Court, 2016)
State v. Pacquing.
389 P.3d 897 (Hawaii Supreme Court, 2016)
State v. Armitage.
319 P.3d 1044 (Hawaii Supreme Court, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
297 P.3d 188, 129 Haw. 172, 2013 WL 1187113, 2013 Haw. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pacquing-haw-2013.