State v. Maharaj

Opinion of the Court by

ACOBA, J.

We hold that the charge for Operating a Vehicle Under the Influence of an Intoxicant, (OVUII), HRS § 261E-61(a)(l) (2007) was insufficient because Respondent/Plaintiff-Ap-pellee the State of Hawai'i (the State) failed to allege the requisite states of mind of intentional, knowing, or reckless in the charge, State v. Apollonio, 130 Hawai'i 353, 358-59, 311 P.3d 676, 681-82 (2013); see also State v. Nesmith, 127 Hawai'i 48, 54, 276 P.3d 617, 623 (2012) 1 and because the charge failed to allege an “essential fact[] constituting the offense charged.” Hawai'i Rules…