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Showing posts from December, 2023

HSC examines when county ordinances are (and aren't) preempted by state statutes

  State v. Pickell (HSC December 26, 2023) Background. Michael Pickell was charged with operating a vehicle while under the influence of an intoxicant. He filed a motion to suppress evidence challenging the basis for the traffic stop.   At the hearing, Officer Raul Mehra testified that he was on duty in Kihei one night when he saw Pickell in the left-turn-only lane with his left-turn signal on at the intersection of Pi‘ilani Highway and Ohukai Road. In Pickell’s lane was a left-turn-only sign and a left directional arrow. Next to the traffic light there was a gin that indicated left-turn only. When Pickell’s light turned green, he made a U-turn instead of turning left onto Ohukai Road. The turn required Pickell to drive across double solid yellow lines and a dashed white line. Officer Mehra initiated a traffic stop. Pickell said he was going home but later said he was going to Safeway. He also said he thought he could make a lawful U-turn because he was from California and did n