State v. Wacker

OPINION OF THE COURT BY

PADGETT, J.

This is an appeal by the State from an order dismissing a charge for driving under the influence, under HRS § 291^1(a)(2).

In this case, appellee was charged under both HRS § 291-4(a)(l) and 291-4(a)(2). The two charges were tried together as required under HRS § 701-109(2). At the trial, appellee was acquitted of the offense under subsection (a)(1), but the jury was unable to reach a verdict on the charge under subsection (a)(2).

The court below believed that, under HRS § 701-111(1), it was required to dismiss the charge under HRS § 291-^t(a)(2), rather than…