Testifying at the Suppression Hearing does not Constitute a Waiver of the Right to Remain Silent at Trial—Even in District Court
State v. Chang (HSC June 28, 2019) Background. David Yen Hoy Chang was charged with driving
while under the influence of an intoxicant. He pleaded not guilty and appeared in
the district court. There, the district court was informed that the hearing on
the motion to suppress would be consolidated with a bench trial.
The district court began with the motion to suppress. Honolulu Police Department Officer Jared Spiker testified that he pulled Chang over for driving at little after one in the morning without his headlights on and make an unlawful left turn. When he talked to Chang he noticed the odor of alcohol on his breath and saw that his eyes were red, watery, and glassy. His face was flushed; speech slurred. Officer Spiker asked for Chang’s driver’s license, registration, and insurance, which were produced without difficulty or delay. Officer Spiker informed Chang he was pulled over for driving infractions and invited him to participate in standardized field sobriety tests. Chang got …
The district court began with the motion to suppress. Honolulu Police Department Officer Jared Spiker testified that he pulled Chang over for driving at little after one in the morning without his headlights on and make an unlawful left turn. When he talked to Chang he noticed the odor of alcohol on his breath and saw that his eyes were red, watery, and glassy. His face was flushed; speech slurred. Officer Spiker asked for Chang’s driver’s license, registration, and insurance, which were produced without difficulty or delay. Officer Spiker informed Chang he was pulled over for driving infractions and invited him to participate in standardized field sobriety tests. Chang got …