State v. Nyberg

── State v. Nyberg ── Court: Hawaii Intermediate Court of Appeals Date: April 17, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-APR-2026 07:49 AM Dkt. 50 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I STATE OF HAWAI I, Plaintiff-Appellee, v. HEATHER R. NYBERG, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT SOUTH KOHALA DIVISION (CASE NO. 3DTA-22-01270) SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, Wadsworth and Guidry, JJ.) Defendant-Appellant Heather R. Nyberg (Nyberg) appeals from the January 18, 2024 Judgment of Conviction (Judgment) entered against her by the District Court of the Third Circuit, South Kohala Division (District Court).1 On June 7, 2022, Plaintiff-Appellee State of Hawai i (the State) charged Nyberg with one count of Operating a Vehicle under the Influence of an Intoxicant (OVUII) in violation of Hawaii Revised Statutes (HRS) § 291E-61(a)(1)(2020)2, one count 1 The Honorable Jill M. Hasegawa presided. 2 HRS § 291E-61(a)(1) states: § 291E-61 Operating a vehicle under the influence of an intoxicant. (a) A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle: (continued...)  NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER of Driving Without a License in violation of HRS § 286-102(b)(3) (Supp. 2018)3, and one count of Driving without Insurance in violation of HRS § 431:10C-104(a) (1997). After a bench trial held on November 2, 2023, and January 18, 2024, the District Court found that the State had proven beyond a reasonable doubt the elements of Count 1, OVUII, and Count 2, Driving Without a License. The District Court acquitted on Count 3. Nyberg raises two points of error on appeal, contending that the District Court erred in: (1) finding sufficient evidence of the offense of OVUII, and (2) failing to consider the merger of Counts 1 and 2. Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues raised, we resolve Nyberg's points of error as follows: 2 (...continued) (1) While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty[.] 3 HRS § 286-102(b) states: § 286-102 Licensing. . . . . (b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers: . . . . (3) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, [and] trucks and vans having a gross vehicle weight rating of eighteen thousand pounds o