Defendant-appellant Shannon M. Clancey appeals from the August 21, 2002 judgment of the district court of the first circuit, the Honorable Faauuga Tootoo presiding, convicting Clancey of (1) driving under the influence of intoxicating liquor (DUI), in violation of Hawaii Revised Statutes (HRS) § 291-4(a)(1) (Supp. 2000), (2) making an unsafe lane change, in violation of HRS § 291C-49(1) (1993), and (3) violating the basic speed rule, in violation of HRS § 291C-101 (1993). On appeal, Clancey challenges only her DUI conviction, arguing that the district court erred by (1) denying her motion to dismiss because the arresting officer did not have reasonable suspicion to order her out of her vehicle, and (2) failing to obtain an on-the-record waiver of her right to testify, as required by Tachibana v. State, 79 Hawaii 226, 900 P.2d 1293 (1995). The State of Hawaii [hereinafter, "the prosecution"] concedes that the district court failed to engage in an on-the-record waiver of Clanceys right to testify, but contests that the arresting officer had reasonable suspicion to order Clancey out of her vehicle.
