IN THE SUPREME COURT OF THE STATE OF HAWAI`I
ALBERT DWIGHT GARCIA, Petitioner-Appellant
vs.
ADMINISTRATIVE DIRECTOR OF THE COURT, STATE OF HAWAII, Respondent-Appellee
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT,
HONOLULU DIVISION
(JR 99-0040, Original Case No. 99-01915)
SUMMARY DISPOSITION ORDER
(By: Moon, C.J., Levinson, Nakayama,
Ramil, and Acoba, JJ.)
The petitioner-appellant Albert Dwight Garcia appeals from the judgment of the district court of the first circuit affirming the administrative revocation of his driver's license for life. In this secondary appeal, Garcia raises several points of error in support of his contention that the administrative director's decision to revoke his driver's license for life must be reversed. First, he asserts that the director failed to schedule, within twenty-five days of the date that the notice of administrative revocation was issued, an administrative hearing to review the director's decision to revoke of his license, as required by Hawai`i Revised Statutes (HRS) § 286-259(a) (1993 & Supp. 1999). Second, Garcia argues that the director failed to issue and mail the decision to revoke Garcia's license within five days after the administrative review hearing was concluded, as required by HRS § 286-259(i). Finally, Garcia posits that the director's determination that the intoxication control roadblock, at which Garcia was stopped, was established and operated in compliance with HRS §§ 286-162.5 (1993 & Supp. 1998) and 286-162.6 (1993 & Supp. 1998) was not supported by the evidence.
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, we hold that the district court was "right" in affirming the administrative revocation of Garcia's driver's license, inasmuch as: (1) Garcia waived the issue whether the director timely scheduled the administrative review hearing because he failed to raise it either at the administrative review hearing or in the district court proceedings; (2) in light of the fact that Monday, July 5, 1999, was a state legal holiday, the director timely issued and mailed the decision; and (3) the director's determination that the roadblock was established and operated in compliance with statutory requirements was supported by the evidence and, thus, was neither unjust nor unreasonable. Therefore,
IT IS HEREBY ORDERED that the judgment of the district court of the first circuit from which the appeal is taken is affirmed.
DATED: Honolulu, Hawai`i, January 29, 2001.
On the briefs:
Timothy I. Mac Master, for
the petitioner-appellant,
Albert Dwight Garcia
Girard Lau (DAG) and
Adina L.K. Cunningham (DAG),
for the respondent-appellee,
Administrative Director of
the Court, State of Hawai`i