Legal Opinion
State v. Yong Shik Won
Hawaii Intermediate Court of Appeals
Decided March 28, 2014No. CAAP-12-0000858PublishedCited by 16 opinions
1Opinion of the Court
Opinion of the Court by
NAKAMURA, C.J.
Defendant-Appellant Yong Shik Won (Won) was convicted of operating a vehicle under the influence of an intoxicant (OVUII), in violation of Hawaii Revised Statutes (HRS) § 291E-61(a)(3) (Supp. 2013).1 A police officer, who observed Won speeding, pulled Won over and subsequently arrested him for OVUII. At the police station, an officer read the “implied consent” form to Won, and Won agreed to take a breath test, which revealed an alcohol concentration above the legal limit. The police did not provide Won with Miranda warnings2 before reading the implied…
2Cases cited36 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Terry v. OhioSupreme Court of the United States · 1968
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Rhode Island v. InnisSupreme Court of the United States · 1980
- Malloy v. HoganSupreme Court of the United States · 1964
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3Cited by16 opinions
- Commonwealth, Aplt. v. Myers, D.Supreme Court of Pennsylvania · 2017
- State v. RyceSupreme Court of Kansas · 2016
- People v. HarrisCalifornia Court of Appeal · 2015
- State v. BirchfieldNorth Dakota Supreme Court · 2015
- State v. Yong Shik WonHawaii Supreme Court · 2015
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