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STATE v. LOWTHER

No. 11153.

740 P.2d 1017 (1987)

STATE of Hawaii, Plaintiff-Appellee, v. Timothy E. LOWTHER, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

As Amended August 19, 1987.

Attorney(s) appearing for the Case

Richard K. Perkins (Renee M.L. Yuen with him on the briefs; Yuen & Perkins, Attorneys at Law, A Law Corporation, of counsel), Honolulu, for defendant-appellant.

Peter Van Name Esser, Deputy Pros. Atty. (Arthur E. Ross, Deputy Pros. Atty., and Myles Breiner, Law Clerk, on the brief), Honolulu, for plaintiff-appellee.

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

TANAKA, Judge.

Defendant Timothy E. Lowther (Defendant) appeals his conviction for driving under the influence of intoxicating liquor (DUI) in violation of Hawaii Revised Statutes (HRS) § 291-4(a)(1) (1985).1 The appeal raises the following question: Whether the approval of the intoxilyzer model 4011AS breath testing machine (Intoxilyzer) by the Director of the State Department of Health (Director) bars a DUI defendant from attacking...

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