State v. Avilla

Petitioner was adjudged guilty of operating a vehicle under the influence of an intoxicant in violation of Haw. Rev. Stat. 291E-61(a)(1). Petitioner challenged the sufficiency of the complaint against her for the first time on appeal, alleging that section 291E-61(a)(1) was deficient for failing to allege mens rea. The intermediate court of appeals affirmed the district court’s judgment. The Supreme Court vacated the ICA’s judgment and remanded with instructions to dismiss the complaint against Petitioner without prejudice, holding that because the complaint failed to charge a requisite state of mind, the ICA’s judgment must be vacated and the charge dismissed without prejudice because it violated due process. View "State v. Avilla " on Justia Law