Opinion
25108
December 9, 2002.
APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT MOLOKAI DIVISION (CASE NOS. TR3-TR4:1/22/02)
On the briefs:
Tracy A. Jones, Deputy Prosecuting Attorney, for the plaintiff-appellant, State of Hawai`i.
Deborah L. Kim, Deputy Public Defender, for the defendant-appellee, Kasia K. Makahanaloa.
MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.
SUMMARY DISPOSITION ORDER
The plaintiff-appellant State of Hawai`i appeals from the findings of fact, conclusions of law, and order of the district court of the second circuit, the Honorable Douglas H. Ige presiding, granting the defendant-appellee Kasia K. Makahanaloa's motion to suppress the results of a blood test. The prosecution argues that, based on State v. Entrekin, 98 Haw. 221, 47 P.3d 336 (2002), which this court filed after Makahanaloa filed her notice of appeal, the district court erred in granting Makahanaloa's motion to suppress. Makahanaloa agrees and concedes the error.
Upon carefully reviewing 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, and in light of our holdings in Entrekin, 98 Hawai`i at 226, 229, 47 P.3d at 341, 344, (1) that HRS § 286-163 authorizes the police to obtain a blood sample of a driver involved in a collision resulting in an injury to or the death of any person, including the driver, and (2) that the police are not required to comply with the prerequisites to a breath, blood, or urine test contained in HRS § 286-151 prior to obtaining a breath, blood, or urine sample pursuant to HRS § 286-163, we agree that the district court erred in granting Makahanaloa's motion to suppress the results of the blood sample. Therefore,
IT IS HEREBY ORDERED that the district court's findings of fact, conclusions of law, and order, from which the appeal is taken, are vacated, and we remand the case for further proceedings.