Haw. Rev. Stat. § 291C-12
HRS § 291C-12
One cannot be convicted of both attempted murder by driving over another and a violation of this section. 1 H. App. 625, 623 P.2d 1271. Failure to stop offense committed prior to 1992 amendment must be sentenced as a class C felony. 9 H. App. 333, 839 P.2d 1186. Criminal liability under subsection (a) does not require proof that the driver of a vehicle caused injury to or death of a person, but only that the accident the driver was involved in resulted in injury to or death of any person; under subsection (a), a driver is "involved in an accident" when driver's vehicle is affected or implicated in the accident. 77 H. 329 (App.), 884 P.2d 392. Not inconsistent that jury found defendant not guilty of negligent homicide in third degree, but guilty of intentionally, knowingly, or recklessly failing to stop at accident scene.77 Haw. 329 (App.),884 P.2d 392. Where (1) traffic accident victim, and not defendant, caused the accident, (2) it appeared that victim's vehicle flipped over on its roof causing victim's immediate death upon impact, and (3) there was no evidence in the record that defendant's criminal misconduct of failing to remain at the scene of the accident, provide information, and render reasonable assistance pursuant to this section and § 291C-14 caused victim's injuries or death, no nexus between defendant's conduct and victim's injuries and death had been demonstrated; thus, restitution could not be imposed under § 706-646. 121 H. 191 (App.), 216 P.3d 117.