State v. Mortensen-Young
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The Supreme Court reversed the judgment of the district court dismissing without prejudice the complaints in Appellees' cases, holding that the complaints did not have to comply with Haw. Rev. Stat. 805-1, and the State properly initiated the criminal proceedings against Appellees.
The State charged Appellees by complaint with operating a vehicle under the influence of an intoxicant (OVUII). Appellees each filed a motion to dismiss for defective complaint and improper arraignment, arguing that the complaint was not supported by the complainant's signature or a declaration submitted in lieu of affidavit. The district court granted the motions to dismiss and dismissed the cases without prejudice. The State appealed, arguing that the district court erred in concluding that the subject charging instruments were required to comply with section 805-1. The Supreme Court agreed and reversed, holding (1) section 805-1 applies only to complaints for a penal summons or an arrest warrant; and (2) the district court erred in dismissing the complaints charging Appellees with OVUII.
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