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STATE v. DOW

No. 13610.

806 P.2d 402 (1991)

STATE of Hawaii, Petitioner-Appellee, v. Dwight DOW, Respondent-Appellant.

Supreme Court of Hawaii.

February 13, 1991.

Attorney(s) appearing for the Case

Earle A. Partington, Partington & Foley, Honolulu, for respondent-appellant.

Charlotte Jean Duarte, Deputy Pros. Atty., Honolulu, for petitioner-appellee.

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

MOON, Justice.

We granted certiorari to review a decision of the Intermediate Court of Appeals (ICA) reversing the judgment of conviction of defendant Dwight Dow (Dow) for driving under the influence of intoxicating liquor (DUI). The issue before us is whether the constitutional principle of double jeopardy bars the retrial of a defendant who had been charged with two counts of DUI pursuant to subsections (a)(1) and (a)(2) of Hawaii Revised Statutes (HRS) § 291...

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