Legal Opinion

State v. Gonzalez.

Hawaii Supreme Court

Decided November 28, 2012No. SCAP-11-0000500PublishedCited by 16 opinions

1Opinion of the Court

Opinion of the Court by

ACOBA, J.

We hold that 'the offense of driving at an excessive speed, Hawai‘i Revised Statutes (HRS) § 291C-105(a), 1 is not a strict liability offense and requires proof that the defendant acted intentionally, knowingly, or recklessly. Thus, the requisite states of mind must be alleged in a charge of this offense. Because the HRS § 291C-105(a) charge against Defendant-Appellant Joseph R. Gonzalez, III (Defendant) failed to allege the requisite states of mind, we vacate the June 2, 2011 judgment of the district court of the first circuit (the court) 2 and instruct the…

2Cases cited18 opinions

  1. State v. EastmanHawaii Supreme Court · 1996
  2. State v. WellsHawaii Supreme Court · 1995
  3. State v. JendruschHawaii Supreme Court · 1977
  4. State v. BuchHawaii Supreme Court · 1996
  5. State v. MosesHawaii Supreme Court · 2003

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3Cited by16 opinions

  1. CDC Restoration & Construction, LC v. Tradesmen Contractors, LLCCourt of Appeals of Utah · 2012
  2. State v. Apollonio.Hawaii Supreme Court · 2013
  3. Flores v. StateHawaii Supreme Court · 2013
  4. State v. Basham.Hawaii Supreme Court · 2014
  5. State v. Davis.Hawaii Supreme Court · 2014

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