STATE v. ROLISON

No. 11413.

733 P.2d 326 (1987)

STATE of Hawaii, Plaintiff-Appellee, v. Robin Lynne ROLISON, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

Order on Denial of Reconsideration February 26, 1987.


Attorney(s) appearing for the Case

Glen J. Dryer, (Daniel E. Chur, with him on brief; Robinson & Ferrara, of counsel, Honolulu, for defendant-appellant.

Ernest J. Freitas, Jr., Deputy Pros. Atty., Office of the Pros. Atty., Honolulu, for plaintiff-appellee.

Arthur E. Ross, Deputy Pros. Atty., Office of the Pros. Atty., Honolulu, for plaintiff-appellee on reconsideration.

Before BURNS, C.J., and HEEN and TANAKA, JJ.


TANAKA, Judge.

Defendant Robin Lynne Rolison (Defendant) was convicted of driving under the influence of intoxicating liquor (DUI) in violation of Hawaii Revised Statutes § 291-4(a)(1) and (2) (1985). She appeals, challenging the admissibility of the breath test result on which her conviction was based. We vacate the judgment of conviction and remand for retrial.

I.

On November 16, 1985, after her involvement...

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