State v. Kim

OPINION OF THE COURT BY

HAYASHI, J.

Defendant-Appellant Randall W. Kim (hereinafter “Kim”) appeals convictions for driving under the influence of intoxicating liquor in violation of Hawaii Revised Statutes (hereinafter “HRS”) § 291-4(a)(1) (Supp. 1984) 1 and for refusing to submit to a breath or blood test in violation of HRS § 286-155 (Supp. 1984). 2 The sole issue on appeal is whether the police illegally obtained incriminating evidence in violation of Kim’s rights under article I, section 7 of the Hawaii Constitution when a police officer ordered Kim out of his car after a traffic stop…