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STATE v. NESMITH

No. CAAP-10-0000072.

257 P.3d 245 (2011)

125 Haw. 232

STATE of Hawai'i, Plaintiff-Appellee, v. Kevin K. NESMITH, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

June 22, 2011.

Attorney(s) appearing for the Case

Timothy I. MacMaster , on the briefs, for Defendant-Appellant.

Delanie D. Prescott-Tate , Deputy Prosecuting Attorney City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

NAKAMURA, C.J., and REIFURTH, J.; with FOLEY, J., Concurring Separately.

Opinion of the Court by NAKAMURA, C.J.

Defendant-Appellant Kevin K. Nesmith (Nesmith) was charged by complaint with operating a vehicle under the influence of an intoxicant (OVUII), in violation of Hawaii Revised Statutes (HRS) § 291E-61(a)(1) and/or (a)(3) (Supp. 2009),1 as a first-time offender under HRS § 291E-61(b)(1) (Supp. 2009).2 The question presented in this appeal is whether the complaint...

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