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State V. Lowther

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eBook details

  • Title: State V. Lowther
  • Author : Hawaii Court Of Appeals
  • Release Date : January 07, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

Defendant Timothy E. Lowther (Defendant) appeals his conviction for driving under the influence of intoxicating liquor (DUI) in violation of Hawaii Revised Statutes (HRS)§ 291-4(a) (1) (1985).*fn1 The appeal raises the following question: Whether the approval of the intoxilyzer model 4011AS breath testing machine (Intoxilyzer) by the Director of the State Department of Health (Director) bars a DUI defendant from attacking the general reliability of the Intoxilyzer by expert testimony.*fn2 Our answer is no. We therefore vacate the judgment of conviction and remand the case for retrial.


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