STATE v. SOUZA

No. 11285.

732 P.2d 253 (1987)

STATE of Hawaii, Plaintiff-Appellee, v. John Frederick SOUZA, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

January 29, 1987.


Attorney(s) appearing for the Case

Kazuo Oyama, Honolulu, for defendant-appellant.

Candace Kay Andersen, Deputy Pros. Atty., Dept. of the Pros. Atty., Honolulu, for plaintiff-appellee.

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


TANAKA, Judge.

This is an appeal by defendant John Frederick Souza (Souza) of his conviction for the offense of driving under the influence of intoxicating liquor (DUI) in violation of Hawaii Revised Statutes (HRS) § 291-4(a)(2) (1985).1 The appeal requires our determination of the sufficiency of the foundation required in order to have the result of a breath testing instrument admitted into evidence. We hold that if the evidence...

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