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  5. 752 P.2d 597 (1988)
 

STATE v. MUN CHUNG TOM

No. 12341.

752 P.2d 597 (1988)

STATE of Hawaii, Plaintiff-Appellee, v. Daniel MUN CHUNG TOM, Defendant-Appellant.

Supreme Court of Hawaii.

April 11, 1988.

Attorney(s) appearing for the Case

Christopher R. Evans, Honolulu, for defendant-appellant.

Arthur E. Ross, Deputy Pros. Atty. (Mary Shin, Law Clerk, with him on the brief), Honolulu, for plaintiff-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

LUM, Chief Justice.

The issue on appeal is whether a Deferred Acceptance of No Contest (DANC) plea, Hawaii Revised Statutes (HRS) Chapter 853, is available in Driving Under the Influence (DUI) cases under HRS § 291-4. The trial court, after hearing and briefing on the issue, denied the request for the DANC plea.

I.

Defendant-Appellant Daniel Mun Chung Tom was arrested on April 2, 1987 for DUI and for failing to submit to a breath test in violation...

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