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STATE v. GONZALEZ

No. SCAP-11-0000500.

288 P.3d 788 (2012)

128 Haw. 314

STATE of Hawai`i, Petitioner/Plaintiff-Appellee, v. Jose R. GONZALEZ, III, Respondent/Defendant-Appellant.

Supreme Court of Hawai`i.

November 28, 2012.

Attorney(s) appearing for the Case

Brandon H. Ito , for petitioner.

Trisha Y. Nakamura , for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and McKENNA, JJ., and Circuit Judge WILSON, Assigned by Reason of Vacancy.

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...

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