Legal Opinion
State v. O'BRIEN
Hawaii Intermediate Court of Appeals
Decided April 16, 1985No. 9728; CASE NO. T26: 6/16/83PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT BY
TANAKA, J.
Defendant Daniel R. O’Brien (Defendant) seeks to overturn his district court conviction of driving under the influence of intoxicating liquor (DUI) on constitutional grounds. He asserts that Hawaii Revised Statutes (HRS) § 291-4 1 is constitutionally infirm for vagueness and that he was deprived of his fundamental right to a trial by jury. We hold that Defendant was entitled to a jury trial and reverse.
On May 26, 1983, Defendant was issued a DUI citation. He refused to submit to a breath or blood test to determine the alcoholic content of his blood. 2 Prior to…
2Cases cited39 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Baldwin v. New YorkSupreme Court of the United States · 1970
- Cheff v. SchnackenbergSupreme Court of the United States · 1966
- Callan v. WilsonSupreme Court of the United States · 1888
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3Cited by12 opinions
- State v. LauHawaii Supreme Court · 1995
- State v. YoungHawaii Supreme Court · 1992
- State v. LindseyHawaii Supreme Court · 1994
- State v. SimeonaHawaii Intermediate Court of Appeals · 1993
- State v. LeatiotaHawaii Supreme Court · 1987
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