Opinion

State v. Tamanaha

  • 46 Haw. 245
  • 377 P.2d 688
  • 1962 Haw. LEXIS 98
Court
Hawaii Supreme Court
Filed
Dec 10, 1962
Status
Published
Author
Cassidy
On the bench
Tsukiyama, Cassidy, Wirtz, Lewis, Mizuha
Cited by
25 cases

a police officer’s testimony that the defendant was under the influence of alcohol is “always a proper consideration on a charge of ‘careless and heedless’ driving” (citations omitted)

How later courts described this case

  • a police officer’s testimony that the defendant was under the influence of alcohol is “always a proper consideration on a charge of ‘careless and heedless’ driving” (citations omitted)

Written by the judges who cited it.

The opinion

*260 CONCURRING OPINION OF

CASSIDY, J.

I concur in the construction of R.L.H. 1955, § 311-1, adopted in the court’s opinion. I also am in full accord with the ultimate holding that the evidence sustains the conviction. However, I am unable to agree that the proof in the case warrants the inference defendant impetuously “stepped on the gas” after he turned into Sixth Avenue. On my analysis of the evidence, the conviction soundly and properly rests on the permitted inference that the defendant — whatever the speed he was travelling at the time — negligently failed to observe and react to the presence in his path of the parked Dodge as he proceeded up Sixth Avenue.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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