Opinion
No. CAAP–11–0000072.
2012-06-29
STATE of Hawai‘i, Plaintiff–Appellee, v. Richard LOVELL, Jr., Defendant–Appellant.
Appeal from the District Court of the Third Circuit, North and South Hilo Division, (Case No. 3DTC–09–015874). Gary C. Zamber, on the briefs, for Defendant–Appellant. Glenn H. Shiigi, Deputy Prosecuting Attorney, County of Hawai‘i, on the briefs, for Plaintiff–Appellee.
Appeal from the District Court of the Third Circuit, North and South Hilo Division, (Case No. 3DTC–09–015874).
Gary C. Zamber, on the briefs, for Defendant–Appellant. Glenn H. Shiigi, Deputy Prosecuting Attorney, County of Hawai‘i, on the briefs, for Plaintiff–Appellee.
NAKAMURA, Chief Judge, LEONARD and REIFURTH, JJ.
SUMMARY DISPOSITION ORDER
Defendant–Appellant Richard Lovell, Jr. (Lovell) appeals from the Judgment/Order and Notice of Entry of Judgment/Order (Judgment), filed on December 20, 2010, in the District Court of the Third Circuit, North and South Hilo Division (District Court).
The Honorable Harry P.N. Freitas presided.
On November 6, 2009, Lovell was cited on a public road near “Makaala and Railroad” for Driving Motor Vehicle Without Valid Driver's License, in violation of Hawaii Revised Statutes (HRS) § 286–102 (Supp.2011) and No Motor Vehicle Insurance Policy, in violation of HRS § 431:100104 (Supp.2011).
On appeal, Lovell claims that the District Court erred by denying his motion to dismiss, filed on September 1, 2010, because the District Court lacked subject matter jurisdiction.
Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we resolve Lovell's point of error as follows:
[T] he State of Hawai‘i has lawful jurisdiction over, all persons operating motor vehicles on public roads or highways within the State of Hawai‘i. Persons claiming to be citizens of the Kingdom of Hawai‘i and not of the State of Hawai‘i are not exempt from the laws of the State of Hawai‘i applicable to all persons (citizens and non-citizens) operating motor vehicles on public roads and highways within the State of Hawai‘i.
State v. Ferqerstrom, 106 Hawai‘i 43, 55, 101 P.3d 652, 664 (App.2004).
Lovell was cited for traffic violations while driving on a public road within the State of Hawai‘i. Thus, the District Court did not lack subject matter jurisdiction.
Therefore, the District Court's December 20, 2010 Judgment is affirmed.