State v. Mun Chung Tom

OPINION OF THE COURT BY

LUM, C.J.

The issue on appeal is whether a Deferred Acceptance of No Contest (DANC) plea, Hawaii Revised Statutes (HRS) Chapter 853, is available in Driving Under the Influence (DUI) cases under HRS § 291-4. The trial court, after hearing and briefing on the issue, denied the request for the DANC plea.

I

Defendant-Appellant Daniel Mun Chung Tom was arrested on April 2, 1987 for DUI and for failing to submit to a breath test in violation of the implied consent statute, HRS § 286-155. He en tered a no contest plea for the DUI charge in exchange for the State’s nolle prosequi…