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STATE v. CALEB

No. 18070.

902 P.2d 971 (1995)

79 Hawai`i 336

STATE of Hawai`i, Plaintiff-Appellee, v. Anil J. CALEB, Defendant-Appellant.

Supreme Court of Hawai`i.

September 8, 1995.

Attorney(s) appearing for the Case

Rory Soares Toomey, on the briefs, Honolulu, for defendant-appellant.

Russell Blair, II, Deputy Prosecuting Atty., on the briefs, Honolulu, for plaintiff-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

NAKAYAMA Justice.

Defendant-appellant Anil J. Caleb appeals his conviction for Driving Under the Influence of Intoxicating Liquor (DUI) in violation of Hawai`i Revised Statutes (HRS) § 291-4(a)(2) (Supp.1989). Caleb was arrested on July 15, 1989, 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).

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