*** NOT FOR PUBLICATION ***
NO. 24633
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
RAYMOND MINER, Petitioner-Appellant
vs.
STATE
OF HAWAI`I, Respondent-Appellee
APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
(CR. NO. AR2001-01)
SUMMARY DISPOSITION ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
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, we hold that the district court did not err by affirming the hearing officer's revocation of Miner's driver's license, inasmuch as the definition of "alcohol enforcement contact" unambiguously provides three alternative grounds for determining whether Miner had a prior alcohol enforcement contact within five years of his December 14, 2000 arrest. HRS § 286-251 (Supp. 1999); cf. Spock v. Admin. Dir. of Courts, 96 Hawai`i 190, 193, 29 P.3d 380, 383 (2001). Thus, because the date of a prior driving under the influence (DUI) conviction is one of the three alternative grounds, the hearing officer could use Miner's January 25, 1996 DUI conviction to determine whether Miner had an alcohol enforcement contact within five years of Miner's December 14, 2000 arrest for DUI. Therefore,
IT IS HEREBY ORDERED that the judgment from which the appeal is taken is affirmed.
DATED: Honolulu, Hawai`i, August 19, 2004.
On the briefs:
Girard D. Lau,
Deputy Attorney General,
for the respondent-appellee
Administrative Director of the
Courts, State of Hawai`i