State v. Gilroy
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 23, 2026
DocketCAAP-25-0000420
StatusPublished
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Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-OCT-2026
07:50 AM
Dkt. 84 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Plaintiff-Appellee, v.
WILLIAM GILROY, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
KONA DIVISION
(CASE NO. 3DTC-24-200012)
SUMMARY DISPOSITION ORDER
(By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.)
William Gilroy was found guilty of driving without a
license and not having motor vehicle insurance. Representing
himself, he appeals from the Judgment and Notice of Entry of
Judgment entered by the District Court of the Third Circuit, Kona
Division.1 We affirm.
On November 18, 2024, Gilroy was issued a Citation for
Traffic Crime(s) for Driving Motor Vehicle Without Valid Driver's
License (Hawaii Revised Statutes (HRS) § 286-102) and No Motor
Vehicle Insurance Policy (HRS § 431:10C-104). Trial was held on
April 24 and May 23, 2025. Gilroy was found guilty. The
Judgment was entered on May 23, 2025. This appeal followed.
Gilroy's opening brief doesn't comply with Hawai#i
Rules of Appellate Procedure (HRAP) Rule 28(b), but we do not
automatically foreclose self-represented litigants from appellate
review for not complying with court rules. Erum v. Llego, 147
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The Honorable David Harada-Stone presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Hawai#i 368, 380-81, 465 P.3d 815, 827-28 (2020). We address
what we discern to be Gilroy's arguments.
(1) Gilroy contends the statutes he violated apply
only to persons engaged in commercial or regulated activities,
not to private travelers like him. They apply to everyone.
State v. French, 77 Hawai#i 222, 230, 883 P.2d 644, 652 (App.
1994).
Gilroy argues the district court lacked standing to
proceed against him. "Standing is concerned with whether the
parties have the right to bring suit." Pele Def. Fund v. Puna
Geothermal Venture, 77 Hawai#i 64, 67, 881 P.2d 1210, 1213 (1994)
(emphasis added).
Gilroy argues that requiring a driver's license and
motor vehicle insurance violates his right to travel on public
roads under the federal and Hawai#i constitutions. They do not.
French, 77 Hawai#i at 232, 883 P.2d at 654.
Gilroy argues the district court prevented him from
obtaining discovery. He does not cite to the record where the
claimed error took place, as required by HRAP Rule 28(b)(4)
and (7). We are not obligated to search the record for
information that should have been provided by Gilroy. Hawaii
Ventures, LLC v. Otaka, Inc., 114 Hawai#i 438, 480, 164 P.3d 696,
738 (2007). We decline to address his argument.
Gilroy argues the district court made several trial
errors, but hasn't ordered trial transcripts for the record on
appeal. "The burden is upon appellant in an appeal to show error
by reference to matters in the record, and he or she has the
responsibility of providing an adequate transcript." Bettencourt
v. Bettencourt, 80 Hawai#i 225, 230, 909 P.2d 553, 558 (1995)
(brackets omitted). We decline to address his argument.
(2) Gilroy argues that criminalizing "private, non-
commercial movement on public roadways absent harm or contractual
duty exceeds the statute's authority and infringes" his
fundamental right to travel. The authority he cites acknowledges
the right to travel between states, but Gilroy wasn't traveling
interstate. The authority he cites does not support the
proposition that requiring a driver's license and motor vehicle
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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
insurance unduly burdens his right to intrastate travel. It does
not. French, 77 Hawai#i at 231-32, 883 P.2d at 653-54.
Gilroy argues his due process rights were violated by:
proceeding without a plea or lawful arraignment; ignoring
jurisdictional and standing objections raised on the record;
preventing him from questioning witnesses or the court; refusing
to accept and review a key witness affidavit; and shifting the
burden of proof to him, presuming guilt. He provides no
citations to the record or transcripts of proceedings. We
decline to address his arguments. HRAP Rule 28(b)(4) and (7).
(3) Gilroy argues the fine, fees, and driver's license
suspension imposed by the district court were improper because
the court lacked jurisdiction to impose them, and he never had a
driver's license to suspend. The district court has jurisdiction
over violations of HRS § 286-102. See HRS § 286-136 (Supp.
2024) & 604-8(a) (2016). The district court also has
jurisdiction over violations of HRS § 431:10C-104. See HRS
§§ 431:10C-117(a) (Supp. 2024) & 604-8(a). The district court's
suspension of a driver's license Gilroy claims to have never had
would be harmless error.
The May 23, 2025 Judgment and Notice of Entry of
Judgment is affirmed. Gilroy's motion for retention of oral
argument is denied.
DATED: Honolulu, Hawai#i, October 23, 2026.
On the briefs:
/s/ Katherine G. Leonard
William Gilroy, Presiding Judge
Self-represented
Defendant-Appellant. /s/ Keith K. Hiraoka
Associate Judge
Kelden B.A. Waltjen,
Charles E. Murray III, /s/ Clyde J. Wadsworth
Office of the Associate Judge
Prosecuting Attorney,
for State of Hawai#i.
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