State v. Kalua

The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) vacating the district court’s dismissal of Defendant’s excessive speeding citation and remanded this case for further proceedings, holding that double jeopardy is inapplicable to the civil offense of speeding under its current statutory framework and that Defendant was subject to prosecution for both excessive speeding and speeding. Defendant was concurrently cited for speeding and excessive speeding offenses while driving through two separate speed zones. The district court granted Defendant’s motion to dismiss the excessive speeding charge, concluding that the “lesser included offense” provision of Haw. Rev. Stat. 701-109(1)(a) and the double jeopardy clause barred the State from prosecuting Defendant on the excessive speeding charge. The ICA vacated the district court’s order granting the motion to dismiss, holding that the entry of judgment on Defendant’s noncriminal speeding infraction failed to bar the State from prosecuting him for the crime of excessive speeding. The Supreme Court affirmed and remanded, holding that if the district court finds at trial that the excessive speeding charge arises from the same conduct as the speeding infraction, section 701-109(1)(a) will preclude Defendant’s conviction for excessive speeding. View "State v. Kalua" on Justia Law