INFERENCE: POSSESSION IN A MOTOR VEHICLE

INFERENCE: POSSESSION IN A MOTOR VEHICLE HRS § 712-1251 If you find beyond a reasonable doubt the presence in a motor vehicle of a quantity of (specify drug) which is clearly greater than the quantity ordinarily possessed for personal use, you may, but are not required to, infer knowing possession by every person in the vehicle at the time the drug was found. If you do so infer, you must nevertheless consider all the evidence in the case in determining whether the State has proven beyond a reasonable doubt knowing possession by every person in the vehicle at the time the drug was found. Notes HRS § 712-1251. State v. Brighter, 61 Haw. 99, 595 P.2d 1072 (1979); HRE Rule 306(a)(3). State v. Mitchell, 88 Hawai‘i 216, 965 Hawai‘i 149 (App. 1997); State v. Tabigne, 88 Hawai‘i 296, 966 P.2d 608 (1998). This instruction should not be given as to: (a) Other occupants of the motor vehicle if the substance is found upon the person of one of the occupants therein; or (b) All occupants, except the driver or owner of the motor vehicle, if the substance is found in some portion of the vehicle normally accessible only to the driver or owner; or (c) The driver of a motor vehicle who is at the time operating it for hire in the pursuit of his/her trade, if the substance is found in a part of the vehicle used or occupied by passengers; or (d) All occupants, when the vehicle is a public bus. Applicability of the above paragraphs (a) through (d) is a question to be determined by the court.