PADGETT, Justice.
This is an appeal by the State from an Order Dismissing a charge for Driving Under the Influence, under HRS § 291-4(a)(2).
In this case, appellant was charged under both HRS sections 291-4(a)(1) and 291-4(a)(2). The two charges were tried together as required under HRS § 701-109(2). At the trial, appellee was acquitted of the offense under section (a)(1), but the jury was unable to reach a verdict on the charge under section (a...
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