State v. Shimkus

Andrew E. Shimkus was arrested and convicted for OVUII. “On appeal, Shimkus challenges the District Court’s denial of his motion to suppress. Shimkus argues that: (1) because the police failed to give him Miranda warnings before reading the Implied Consent Form to him and obtaining his decision on testing, the results of his breath test should have been suppressed as the fruit of a Miranda violation; (2) the results of his breath test should have been suppressed because the police misinformed him of his statutory right to an attorney under HRS 803-9 (1993); and (3) the results of his breath test should have been suppressed because the police misinformed him of the sanctions for refusing to submit to testing.” The ICA noted that it had recently rejected the same arguments in State v. Won, No. CAAP-12-0000858, and, following Won, it affirmed Shimkus’ conviction. http://www.courts.state.hi.us/docs/opin_ord/ica/2014/May/CAAP-12-0000840sdo.pdf. On September 2, 2014, the Hawai’i Supreme Court accepted Shimkus’ Application for Writ of Certiorari of the Hawai’i Intermediate Court of Appeal's decision filed on May 24, 2014. If the Hawai’i Supreme Court reverses, it could have far-reaching implications for OVUII cases in Hawai’i. http://www.courts.state.hi.us/docs/opin_ord/sct/2014/September/SCWC-12-0000840certacc.pdf