NOT FOR PUBLICATION
THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
OF HAWAI`I, Plaintiff-Appellee, v.
ALFRED NAPAHUELUA SPINNEY, Defendant-Appellant
FROM THE DISTRICT COURT OF THE THIRD CIRCUIT,
NORTH AND SOUTH KONA DIVISION
(Report Nos. 1458906MH, 1496908MH,
1496909MH, 1496910MH, and 1460646MH)
SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Watanabe, and Fujise, JJ.)
The sole argument raised by Spinney on appeal is that because he is a native Hawaiian, a citizen of the Kingdom of Hawai`i, and a person who has granted his allegiance to the Kingdom of Hawai`i, the district court lacked jurisdiction to hear and decide his cases. In light of State v. Lee, 90 Hawai`i 130, 976 P.2d 444 (1999), State v. Lorenzo, 77 Hawai`i 219, 883 P.2d 641 (App. 1994), and State v. French, 77 Hawai`i 222, 883 P.2d 644 (App. 1994), Spinney's argument has no merit.
We note, however,
that pursuant to Hawaii Revised Statutes (HRS) § 291D-2
(1993), (5) the failure to wear a
seatbelt and the no-safety-check offenses that
Spinney was accused of committing were civil traffic infractions since
"prescribed penalties" for these infractions "do not include
imprisonment." Therefore, the Judgment entered by the district court
should not have found
Spinney "guilty" of these traffic infractions but instead should have
judgment for Plaintiff-Appellee State of Hawaii as to these traffic
infractions. See HRS
§ 291D-8(a)(4) (Supp. 2004). (6)
Accordingly, we remand this case
to the district court for entry of an Amended Judgment consistent with this opinion.
DATED: Honolulu, Hawai`i, February 4, 2005.
On the briefs:Lionel M. Riley for
attorney, County of
1. Judge Joseph P. Florendo, Jr. presided.
2. On February 9, 2002, Defendant-Appellant Alfred Napahuelua Spinney (Spinney) was observed operating a motor vehicle bearing a "Hawaiian Kingdom" license plate without the use of seatbelts and was issued citations for violating Hawaii Revised Statutes (HRS) §§ 291-11.6 (1993 & Supp. 2001) (failure to wear a seatbelt), 286-25 (1993) (no safety check), and 431:10C-104 (Supp. 2004) (no no-fault, i.e., motor vehicle insurance).
3. On February 15, 2002, Spinney was charged with failure to wear a seatbelt while driving, in violation of HRS § 291-11.6.
4. On February 20, 2002, Spinney was again cited for failure to wear a seatbelt.
5. HRS § 291D-2 (1993) defines a traffic infraction as "all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment."
6. HRS §
291D-8(a)(4) (Supp. 2004) provides, in relevant part, as follows:
"Where it has been established that the traffic
infraction was committed, the court shall enter judgment for the State
and may assess a monetary assessment pursuant to