State v. Pai
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***NOT FOR PUBLICATION IN WEST S HAWAI#I REPORTS AND PACIFIC REPORTER*** Electronically Filed Supreme Court SCWC-30516 03-MAY-2012 08:50 AM NO. SCWC-30516 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ________________________________________________________________ STATE OF HAWAI#I, Respondent/Plaintiff-Appellee, vs. LAWRENCE PAI, Petitioner/Defendant-Appellant. ________________________________________________________________ CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30516; CASE NO. 1DTA-10-00706) AMENDED SUMMARY DISPOSITION ORDER1 (By: Recktenwald, C.J., Nakayama, Duffy, and McKenna, JJ.; with Acoba, J., dissenting) Petitioner Lawrence Pai ( Pai ) seeks review of the Intermediate Court of Appeal s July 14, 2011 Judgment on Appeal, entered pursuant to its June 14, 2011 Summary Disposition Order, which affirmed the District Court of the First Circuit s April 9, 2010 Order and Notice of Entry of Order. The District Court adjudged Pai guilty of Operating a Vehicle Under the Influence of an Intoxicant, in violation of Hawai#i Revised Statutes ( HRS ) 1 This document was initially inadvertently filed on May 2, 2012. ***NOT FOR PUBLICATION IN WEST S HAWAI#I REPORTS AND PACIFIC REPORTER*** § 291E-61(a)(3)(2007).2 We accepted Pai s application for writ of certiorari and now affirm the ICA s Judgment on Appeal. On certiorari, Pai contends that the ICA gravely erred in holding that mens rea need not be alleged in an HRS § 291E61(a)(3) charge. In State v. Nesmith, we agreed that mens rea need not be alleged (or proven) in an HRS § 291E-61(a)(3) charge, as the legislative intent to impose absolute liability for an HRS § 291E-61(a)(3) offense plainly appears. Hawai#i ___, ___ P.3d ____ (2012). State v. Nesmith, ____ Therefore, the ICA did not gravely err in so holding. IT IS HEREBY ORDERED that the ICA S Judgment on Appeal is affirmed. DATED: Honolulu, Hawai#i, May 3, 2012. Timothy I. MacMaster for petitioner/ defendant-appellant /s/ Mark E. Recktenwald Keith M. Kaneshiro, Prosecuting Attorney, and Anne K. Clarkin, Deputy Prosecuting Attorney, for respondent/plaintiffappellee /s/ James E. Duffy, Jr. /s/ Paula A. Nakayama /s/ Sabrina S. McKenna 2 HRS § 291E-61(a)(3) provided at the time of the alleged offense, A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle . . . [w]ith .08 or more grams of alcohol per two hundred ten liters of breath[.] 2
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