Yokouchi v. Administrative Director of the Courts

14 P.3d 358, 94 Haw. 348, 2000 Haw. App. LEXIS 194
CourtHawaii Intermediate Court of Appeals
DecidedOctober 30, 2000
DocketNo. 22718
StatusPublished

This text of 14 P.3d 358 (Yokouchi v. Administrative Director of the Courts) 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
Yokouchi v. Administrative Director of the Courts, 14 P.3d 358, 94 Haw. 348, 2000 Haw. App. LEXIS 194 (hawapp 2000).

Opinion

Opinion of the Court by

WATANABE, J.

Petitioner-Appellant Jon Masaru Yokouchi (Yokouchi) appeals the July 13, 1999 Judgment of the District Court of the Second Circuit, Wailuku Division (the district court), [349]*349which affirmed the April 19, 1999 decision of the Administrative Director of the Courts (the Director) to revoke Yokouchi’s driver’s license for one year. We affirm.

BACKGROUND

On March 18, 1999, Officer Ricky C. Uedoi (Officer Uedoi), while traveling west on L. Main Street and approaching Ho'okahi Street, observed a vehicle driven by Yokou-ehi exit Ho’okahi Street and make a right turn onto L. Main Street without stopping at the posted stop sign. Yokouchi’s vehicle then got into the inner lane "without signaling. Officer Uedoi reported that as he got behind of the vehicle, he observed the operator not wearing his seat belt. As a result of his observations Officer Uedoi stopped Yok-ouchi’s vehicle. When Officer Uedoi spoke with Yokouehi, Officer Uedoi detected “a strong odor of liquor coming from [Yokou-ehi’s] breath” and observed that Yokouchi’s eyes were “red, watery and bloodshot” and “[h]is face was red and flushed.” Yokouehi submitted to taking the field sobriety tests; however, he could not perform them successfully.1 Officer Uedoi then asked if Yokouehi would like to voluntarily provide a preliminary breath sample. Officer Uedoi informed Yokouehi that he was not required to submit to the test. Additionally, if Yokouehi submitted to the test, “this would not satisfy the requirements in taking a chemical test later at the Police Station should he be arrested for Driving Under the Influence of Liquor [ (DUI) ].” The officer also informed Yokou-ehi “that if he did not wish to take this test, no penalties would be assessed against him.” Yokouehi did not provide a sample. Officer Uedoi then arrested Yokouehi for DUI, in violation of Hawaii Revised Statutes (HRS) § 291-4 (Supp.1998).

After transporting Yokouehi to the Wailu-ku Police Station, Officer Uedoi gave Yokou-ehi a copy of AD-DUI Form 2, which outlines the options Yokouehi had for refusing or taking a breath or blood test. The form reads, in pertinent part, as follows:

Pursuant to the Administrative Driver License Revocation Law, I must inform you [ (Yokouehi) ] of the following:
a. That you may take either a blood test or a breath test or both;
b. That if you refuse to take any tests the consequences are as follows: (1) if your driving record shows no prior alcohol enforcement contacts during the five years preceding the date of arrest, your driving privileges will be revoked for one year instead of the three month revocation that would apply if you chose to take a test and failed it, (2) if your driving record shows one prior alcohol enforcement contact during the five years preceding the date of arrest, your driving privileges will be revoked for two years instead of the one year revocation that would apply if you chose to take a test and failed it, (3) if your driving record shows two prior alcohol enforcement contacts during the seven years preceding the date of arrest, your driving privileges will be revoked for four years instead of the two year revocation that would apply if you chose to take a test and failed it, (4) if your driving record shows three or more prior alcohol enforcement contacts during the ten years preceding the date of arrest, your driving privileges will be revoked for life regardless of whether you take a test or not, (5) if you are under the age of eighteen years, your revocation will be for the period remaining until' your eighteenth birthday or for the appropriate revocation period listed above, whichever is longer;
e. That criminal charges under [HRS § 291-4], may be filed;
d. That if your driving privilege is revoked, notice of the results of the hearing will be sent to the examiner of drivers of each county, and that the examiner shall deny you a license or permit to operate a motor vehicle for the period of the above revocation;
[350]*350e. That you shall be referred to a substance abuse counselor for an assessment of your dependence and the need for treatment at your own expense; and
f. That you shall be required to obtain treatment at your own expense if deemed appropriate.
g. You are not entitled to an attorney before you submit to a breath or blood test.
h. That you shall not qualify to request a conditional permit if you refuse to take a breath or blood test.

Officer Uedoi then read the foregoing portion of AD-DUI Form 2 out loud to Yokouchi and “verbally explained the form, including what a conditional permit was and that [Yokouchi] would not be eligible to request for a conditional permit if he elected to refuse to take any type of chemical test(s).” Officer Uedoi also informed Yokouchi that the director of the Administrative Drivers License Revocation Office (ADLRO), which is within the Administrative Director’s Office, may grant Yokouchi a conditional permit “to operate a motor vehicle to/from work, to/from [Alcoholics Anonymous] classes and to/from alcohol assessment(s).” Yokouchi refused to take a blood or breath test. Officer Uedoi checked to make sure that Yokouchi understood that by refusing to take the tests, “he would lose his driving privileges for one year.” In response, Yokouchi “stated that he lost his license in the past and he would be able to go the one year without driving. Stated that his girlfriend will drive him around when ever [sic] he needs transportation.” Yokouchi’s driver’s license was then revoked and he was issued a temporary driving permit which was valid for thirty days from March 18, 1999.

On March 22, 1999, Yokouchi submitted a request for reconsideration to the ADLRO, based on the following objections:

1. I did not knowingly and voluntarily refuse a test of my blood and breath. The arresting officer failed to comply with the provision of [HRS c]hapter 286—151(b)(2), 286-255, 286-254(b)(4), 286-255(2), 286-257(a)(1)(C) and 286-259(e)(3).
2. My refusal was not knowing and voluntary as required under Hawaii law. State v. Barnett, 68 Haw. 32 [703 P.2d 680] (1985).
3. The conduct of the police officer violated the requirements of a police officer as stated in Gray v. Administrative Director of Court, 84 Hawai'i 130 [138, 931 P.2d 580] (1997), because I was not specifically told that if I took the test and failed it I would lose my license for 90 days but could lose it for one year.
4. The police officer’s information to me on the possible sanctions was conflicting and confusing.

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Bluebook (online)
14 P.3d 358, 94 Haw. 348, 2000 Haw. App. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yokouchi-v-administrative-director-of-the-courts-hawapp-2000.