Oral Agrument before the Intermediate Court of Appeals

No. 30605, Monday, July 2, 2012, 9 a.m.

PATRICK M. McGRAIL, Petitioner-Appellant, v. ADMINISTRATIVE DIRECTOR OF THE COURTS, STATE OF HAWAI`I, Respondent-Appellee.

Attorney(s) for Petitioner-Appellant: Jonathan Burge

Attorney(s) for Respondent-Appellee: David M. Louie, Attorney General and Girard D. Lau, Deputy Attorney General
COURT: Nakamura, CJ; Leonard and Reifurth, JJ.

SPECIAL NOTE: The above argument will take place in the Supreme Court courtroom on the Second Floor of Ali`iolani Hale, 417 South King Street, Honolulu, Hawai`i.

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

Petitioner-Appellant Patrick McGrail (McGrail) appeals from the Judgment on Appeal (Judgment) entered by the District Court of the First Circuit (District Court). The District Court affirmed the administrative revocation of McGrail's driver's license by Respondent-Appellee Administrative Director of the Courts, State of Hawai╩╗i (Director), acting through a hearing officer of the Administrative Driver's License Revocation Office (ADLRO).

On appeal, McGrail contends that the District Court erred in affirming the decision of the ALDRO hearing officer because: (1) the hearing officer erred in considering the unsworn statement of the police officer who stopped McGrail's vehicle, which statement was referenced in the sworn statement of a different police officer who arrested McGrail, in determining that there was reasonable suspicion to stop McGrail's vehicle; and (2) the hearing officer's decision to increase the period of revocation from six months to eight months was presumptively vindictive.

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