State v. Ribbel

142 P.3d 290, 111 Haw. 426, 2006 Haw. LEXIS 466
Hawaii Supreme Court·Decided September 8, 2006·No. No. 26525·Published·Cited by 7 cases

Opinions

Opinion of the Court by

DUFFY, J.

On July 6, 2006, Petitioner/Plaintiff-Appellee State of Hawai'i [hereinafter, State1] filed a timely Application for Writ of [428] Certiorari (Application), requesting that this court review the published opinion of the Intermediate Court of Appeals (ICA) in State v. Ribbel, 111 Hawai'i 317, 141 P.3d 490 (Haw.App.2006), which reversed the District Court of the Second Circuit’s March 31, 2004 Judgment, finding Respondent/Defendant-Appellant Denise Ribbel “guilty” of violating HRS § 291-11.6 (Supp.2003), “Mandatory use of seat belts, when, penalty” [hereinafter, seat belt statute].2 The State asserts that the ICA gravely erred: (1) because its literal construction of the seat belt statute failed to effectuate the statute’s plain and obvious meaning as intended by the Hawaii State Legislature; and (2) in concluding that the seat belt statute is ambiguous, but then ignoring the statute’s legislative history. On August 22, 2006, we accepted the State’s Application. We now reverse the ICA’s decision and affirm the district court’s determination that Ribbel violated HRS § 291-11.6. However, because the district court erroneously found Ribbel “guilty” of the offense, which is a civil traffic infraction rather than a crime, see supra note 1, we vacate the judgment and remand to the district court for entry of a replacement judgment in favor of the State that complies with the applicable statutes governing traffic infractions. See State v. Stoa, No. 26272, 112 Hawai'i 260, 261, 145 P.3d 803, 804, 2006 WL 2255646, at *1 (App. August 7, 2006) (affirming the district court’s determination that the defendant committed a traffic violation, but vacating the judgment and remanding for entry of a replacement judgment in favor of the State that complies with the applicable statutes governing traffic infractions) (citing State v. Rees, 107 Hawai'i 508, 115 P.3d 687, reconsideration denied, 108 Hawai'i 76, 116 P.3d 718 (App.2005), cert. denied, 108 Hawai'i 59, 116 P.3d 701 (2005)).

I. BACKGROUND

The undisputed facts, as stated by the ICA, are as follows:

On November 18, 2003, Officer Keith Taguma (Officer Taguma) was working on [Maui Police Department’s (MPD)J seat belt enforcement team, “specifically looking for any motor vehicle travelling on a public roadway with any front seat passengers unrestrained or any children in the rear seats unrestrained.” Shortly before 2:50 p.m., he observed a “two[-]door [1984] Ford ...” headed “eastbound on Wakea Avenue toward the Lono Avenue intersection.” Officer Taguma noticed that the seat belt assembly of the driver of the vehicle was “pulled down tucked under [the driver’s] left arm.” Officer Taguma thereupon activated the lights on his police car, pulled the vehicle over, and cited Rib-bel, the driver, for violating the seat belt statute.
At Ribbel’s trial, Officer Taguma explained how he could tell that the shoulder harness of the seat belt was under Ribbel’s arm:
First of all, the portion, one piece assembly, the belt pulls out from the side panel of the vehicle. When you pull it out and you put the male portion into the female portion on the right side of the seat, the shoulder harness should be over your shoulder blade, down in front you to secure your upper body from front movement. The lap belt would come out from the bottom and be strapped over your lower pelvis area and that secures your body into the chair.
On [Ribbel’s] belt, the belt was pulled down. You could clearly see the buckle was hanging straight down and under the left arm. There was no shoulder harness over her body.
Officer Taguma testified that Ribbel was not in an emergency vehicle, mass transit vehicle, or taxi cab. Additionally, Ribbel did not have any visible physical condition that would prevent her use of a seat belt, [429] and she did not mention any such condition.
Officer Taguma stated that upon approaching Ribbel’s vehicle, he informed Ribbel that she was in violation of the seat belt statute because “the seat belt assembly [was] not properly worn[.]” On cross-examination, Officer Taguma confirmed that when he stopped the vehicle, Ribbel had her lap belt on, but her shoulder harness was tucked under her arm.
The following colloquy then ensued between the district court and Ribbel:
THE COURT:....
What’s your defense? That’s not the proper way.
[RIBBEL]: I had the seat belt on.
THE COURT: When you wear it like that you violating the seat belt. It’s meant to protect—
[RIBBEL]: Your Honor, if I may. I went and looked in the HRC’s (sic) and it says you have to wear the seat belt assembly, and I do. I wear, you know, the lap belt, and then I tuck it under my arm, across this way and under my arm, because my car is a convertible. Where the retractor thing—where it comes out of the door panel—the side panel of the car, it’s down below my shoulder.
If you need to know why I do it this way is because it pulls down on my shoulder and my arm will go to sleep and it hurts first, and then it goes to sleep. And it takes awhile to get it back and so that’s not safe to operate the car.[ 33 So when I have to drive I put it across and under here.
THE COURT: You going lose. With that argument you already losing.
[RIBBEL]: But I have it on.
THE COURT: No, no. The seat belt assembly is made to be worn—
[RIBBEL]: So I should just go ahead and go without it.
THE COURT: Then you get seat belt. It’s meant to be worn the way it’s assembled properly, over the shoulder and across the lap. You can not [ (sic) ] just decide on your own that now the shoulder harness, you going to put under your armpit. That’s an illegal use of the assembly.
So you really have no defense. If you’re saying, well, your arm—
[RIBBEL]: I was wearing the seat belt though.
THE COURT: No, wearing the seat belt is wearing it—wearing the assembly the way it’s made to be worn is not under the armpit. All of the literature show that that will cause more injury rather than less injury. That’s why they make it to go over your- upper torso, not under your arm.

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State v. Ribbel, 142 P.3d 290, 111 Haw. 426, 2006 Haw. LEXIS 466 (haw 2006).

142 P.3d 290 (State v. Ribbel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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