No. SCWC-11-0000695, Thursday, February 7, 2013, 9 a.m.

(2nd Amended 12/26/12)

STATE OF HAWAI`I, Respondent/Plaintiff-Appellee, vs. RICARDO APOLLONIO, Petitioner/Defendant-Appellant.

The above-captioned case has been set for argument on the merits at:

Supreme Court Courtroom
Ali`iolani Hale
417 South King Street
Honolulu, HI 96813

Attorney for Petitioner/Defendant-Appellant:

James S. Tabe and Craig W. Jerome, Deputy Public Defenders

Attorney for Respondent/Plaintiff-Appellee:

Brandon H. Ito, Deputy Prosecuting Attorney

NOTE: Order granting Application for Writ of Certiorari, filed 12/06/12.

NOTE: Order rescheduling oral argument from 1/10/13 to 01/03/13 at 10:00 a.m., filed 12/14/12.

NOTE: Order granting motion for postponement of oral argument from 01/03/13 to 02/07/13 at 9:00 a.m., filed 12/20/12.

COURT: MER, CJ; PAN, SRA, SSM, & RWP, JJ.

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

Petitioner Ricardo Apollonio (Petitioner) was charged with Excessive Speeding, Hawai`i Revised Statutes HRS § 291C-105(a)(1), which prohibits exceeding the posted speed limit by thirty miles per hour or more. Petitioner was arrested while driving on the Kamehameha Highway and was allegedly traveling at a speed of seventy-six miles per hour, in a thirty five mile per hour speed zone. The speed was measured by a Laser Technologies Incorporated (LTI) Ultralyte 20-20 laser gun (laser gun).

In his Application, Petitioner alleges that (1) the oral charge against him must be dismissed because it failed to allege the requisite state of mind for the charge, and (2) the State failed to establish that the tests used to calibrate the laser gun were those recommended by LTI, the laser gun’s manufacturer, and (3) the State failed to establish that the officer using the laser gun was trained according to LTI’s requirements.