Disappearing elements and when you can file the motion to dismiss after trial
State v. Van Blyenburg (HSC November 23, 2022) Background. George Van Blyenburg was indicted with one count of leaving the scene of an accident involving death or serious bodily injury (HRS § 291C-12) and negligent homicide in the second degree (HRS § 707-703(1)(b)). Here is how the prosecution alleged the first count: On or about August 6, 2016, in the City and County of Honolulu, State of Hawai'i, GEORGE VAN BLYENBURG, as the driver of a vehicle involved in an accident resulting in serious bodily injury to or death of [decedent], with intent, knowledge, or reckless disregard of the substantial and unjustifiable risk that he was such a driver, did intentionally, knowingly or recklessly fail to immediately stop the vehicle at the scene of the accident or as close thereto as possible, and did intentionally, and did intentionally, knowingly, or recklessly fail to forthwith return to and in every event remain at the scene of the accident and fulfill the requirements of...