| The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) affirming Defendant's conviction of operating a vehicle under the influence of an intoxicant (OVUII), Haw. Rev. Stat. 291E-61(a)(1), holding that any error not taking judicial notice that thirty mph was equivalent to forty-four feet per second was harmless. During trial, Defendant's attorney asked the district court to take judicial notice that sixty miles per hour was equivalent to eighty-eight feet per second as a matter that is generally known. The court appeared to conclude that it could not take judicial notice of the conversion and that Defendant would have to present expert testimony. The Supreme Court affirmed, holding that trial courts are required to take judicial notice of equivalent measurements unless provided with the mathematical equation for conversion, but the error in this case was harmless. |
