STATE v. YONG SHIK WON

No. CAAP-12-0000858.

332 P.3d 661 (2014)

134 Haw. 59

STATE of Hawai`i, Plaintiff-Appellee, v. YONG SHIK WON, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Amended May 2, 2014.


Attorney(s) appearing for the Case

Jonathan Burge , Honolulu, for Defendant-Appellant.

Brian R. Vincent , Deputy Prosecuting Attorney, City and County of Honolulu for Plaintiff-Appellee.

Robert T. Nakatsuji , Deputy Solicitor General, Department of the Attorney General for Amicus Curiae.

NAKAMURA, C.J., and FUJISE and GINOZA, JJ.


Opinion of the Court by NAKAMURA, C.J.

Defendant-Appellant Yong Shik Won (Won) was convicted of operating a vehicle under the influence of an intoxicant (OVUII), in violation of Hawaii Revised Statutes (HRS) § 291E-61(a)(3) (Supp. 2013).1 A police officer, who observed Won speeding, pulled Won over and subsequently arrested him for OVUII. At the police station, an officer read the "implied consent" form to Won, and Won agreed to take...

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