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STATE v. LEMALU

No. 14296.

809 P.2d 442 (1991)

STATE of Hawaii, Plaintiff-Appellee, v. Aukusitino L. LEMALU, Defendant-Appellant.

Supreme Court of Hawaii.

April 11, 1991.

Attorney(s) appearing for the Case

Arthur E. Ross (Paul J. Cunney, on the brief), Honolulu, for defendant-appellant.

Charlotte Jean Duarte and Wallace W. Weatherwax, Deputy Pros. Attys. (Alexa D.M. Fujise, on the brief), Honolulu, for plaintiff-appellee.

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

MOON, Justice.

Defendant-appellant Aukusitino L. Lemalu (Lemalu) appeals his conviction for Driving Under the Influence of Intoxicating Liquor (DUI) in violation of Hawaii Revised Statutes (HRS) § 291-4(a)(2) (1985). Lemalu was arrested in 1987 and charged, in two separate counts, with violating HRS § 291-4(a)(1) (driving under the influence) (count I) and § 291-4(a)(2) (driving with a blood alcohol level of 0.10 percent or more) (count II). Following...

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