§291-2  [OLD] REPEALED.  L 1971, c 150,
§3.



 



§291-2  Reckless driving of vehicle or
riding of animals; penalty.  Whoever operates any vehicle or rides any
animal recklessly in disregard of the safety of persons or property is guilty
of reckless driving of vehicle or reckless riding of an animal, as appropriate,
and shall be fined not more than $1,000 or imprisoned not more than thirty
days, or both. [PC 1869, c 26, §1; am L 1907, c 68, §1; RL 1925, §4388; RL
1935, §6280; am L 1941, c 116, §1; RL 1945, §11701; RL 1955, §311-1; HRS
§291-1; am L 1976, c 149, §1; am L 1977, c 162, §1; ren L 1986, c 171, §1; am L
1998, c 287, §2]



 



Cross References



 



  Wild cattle or other dangerous animals, see §142-97.



 



Case Notes



 



  Instructions to jury, see 22 H. 786.



  Complaint held insufficient though substantially in language
of statute.  25 H. 584.



  Death ensuing from the operation of a vehicle in violation of
this section may constitute manslaughter.  29 H. 7.



  Instruction singling out "unavoidable accident". 
32 H. 728.



  Person convicted of heedless and reckless driving may not
invoke double jeopardy when person is indicted for negligent homicide upon the
death of the injured.  40 H. 331.



  Charge in language of statute held insufficient.  41 H. 591.



  Statute requires no more than ordinary negligence as a
standard of guilt.  46 H. 245, 377 P.2d 688.



  Substantial evidence test applies to review of evidence; this
test not altered by HRCrP.  46 H. 245, 377 P.2d 688.



  Standard not affected by point system law.  46 H. 345, 379
P.2d 592.



  Section not limited to public property but applies to private
property as well.  55 H. 505, 523 P.2d 315.



  No obvious defect in an oral charge where the record
demonstrates the charge tracks the statutory language, and the defendant clearly
understood the accusation plus mounted a viable defense.  70 H. 314, 769 P.2d
1105.



  Officer's additional observations, considered in concert with
the reasonable inferences arising from defendant's screeching of tires,
warranted an objectively reasonable suspicion that defendant had, at a minimum,
committed the offense of reckless driving of a vehicle, in  violation of this
section; thus, officer's investigative stop was within the parameters of
permissible police conduct.  102 H. 228, 74 P.3d 980.



  The reckless state of mind definition under §702-206(3)
(1993) applies to this reckless driving statute; in determining whether an
identified risk is substantial and unjustifiable under §702-206(3), the nature
and degree of the risk disregarded by the actor, the nature and purpose of the
actor's conduct, and the circumstances known to the actor in acting must be
weighed.  113 H. 321, 151 P.3d 802.



  Where a reckless state of mind could be inferred from the
circumstances to conclude that there was conscious awareness of a substantial
and unjustifiable risk to the safety of others and property on the part of
defendant, and deference must be given to the trier of fact with respect to
questions of credibility and weight of the evidence, there was substantial evidence
to find defendant guilty of reckless driving in violation of this section.  113
H. 321, 151 P.3d 802.



  See 35 H. 324; 35 H. 396; 36 H. 537; 37 H. 591; 43 H. 54; 46
H. 315, 379 P.2d 594.