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STATE v. FEDAK

No. 15206.

825 P.2d 1068 (1992)

STATE of Hawaii, Plaintiff-Appellee, v. Edward FEDAK, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

February 11, 1992.

Attorney(s) appearing for the Case

Walter K. Horie, Anthony H. Yusi (Horie & Yusi, of counsel) Honolulu, on brief, for defendant-appellant.

Charlotte J. Duarte, Deputy Pros. Atty., City and County of Honolulu, on brief, for plaintiff-appellee.

Before BURNS, C.J., HEEN, J., and Circuit Judge HUDDY, assigned by reason of vacancy.

HEEN, Judge.

In this appeal by Defendant-Appellant Edward Fedak (Defendant) from his bench trial conviction for driving under the influence of intoxicating liquor, Hawaii Revised Statutes (HRS) 291-4(a)(1) (1985), the dispositive issue is whether the trial court erred in denying Defendant's motion to suppress. We answer in the affirmative.

On December 24, 1989, at 2240 hours, Defendant was stopped by a Honolulu Police Department (HPD) officer at an HPD sobriety...

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