State v. Tominiko

Concurring and Dissenting Opinion by

ACOBA, J.

While I concur with the majority’s analysis on the suppression issue,1 the premier ques*82tion in this case, as in every case, is whether jurisdiction exists. Inasmuch as in the absence of an allegation that operation of the vehicle was on a public way, Count I, charging Operating a Vehicle Under the Influence of an Intoxicant (OVUII), Hawaii Revised Statutes (HRS) § 291E-61(a)(l) and/or (a)(3) (Supp. 2008),2 cannot be viewed as charging an offense, see State v. Wheeler, 121 Hawai'i 383,219 P.3d 1170 (2009),3 and accompanying Count III cannot supply…