State v. Tominiko

Opinion of the Court by Court

NAKAYAMA, J.

Petitioner-Defendant-Appellant Robert N. Tominiko (“Tominiko”) asks us to consider whether he was lawfully detained and subsequently charged with operating a vehicle under the influence of an intoxicant. The facts presented at trial show that Tominiko was near an intersection with a gathering of people who were drinking beer and soda. Upon receipt of a complaint, a police officer arrived but did not see Tominiko drinking beer. The group dispersed, and Tominiko walked slowly to his ear. The officer asked to see his identification, but Tominiko continued…