Hawaii Supreme Court Throws Out DUI Conviction Over Mid-Trial Judge Swap

Hawaii's highest court has overturned a drunk-driving conviction because a different judge took over halfway through the bench trial.

Hawaii Supreme Court Throws Out DUI Conviction Over Mid-Trial Judge Swap

Hawaii's highest court has overturned a drunk-driving conviction because a different judge took over halfway through the bench trial.

The justices ruled that swapping the presiding officer after evidence had already been presented violated the motorist's constitutional safeguard against being placed in jeopardy twice for the same offense. The defendant had stood accused of operating a vehicle while impaired by alcohol or drugs.

In a bench trial, a single judge serves as both fact-finder and legal arbiter, weighing evidence and rendering a verdict without a jury. Because the original judicial officer had already heard testimony and seen proof, bringing in a replacement meant the second judge lacked direct exposure to that material. The state's top tribunal concluded this procedural break deprived the accused of a fair process protected by the double-jeopardy clause.

The ruling wipes away the conviction entirely.

Source: Courthouse News Service

Source: Courthouse News Service