Legal Opinion
State v. Lowther
Hawaii Intermediate Court of Appeals
Decided August 19, 1987No. 11153; CRIMINAL NO. 85-1068PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT BY
TANAKA, J.
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). The appeal raises the following question: Whether the approval of the intoxilyzer model 401 IAS 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. Our answer is no. We therefore vacate the judgment of conviction and remand the…
2Cases cited14 opinions
- California v. TrombettaSupreme Court of the United States · 1984
- State v. VegaOhio Supreme Court · 1984
- State v. BurlingNebraska Supreme Court · 1987
- Cooley v. Municipality of AnchorageCourt of Appeals of Alaska · 1982
- People v. BowersSupreme Court of Colorado · 1986
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3Cited by13 opinions
- State v. MatafeoHawaii Supreme Court · 1990
- State v. MezurashiHawaii Supreme Court · 1994
- State v. YoungHawaii Intermediate Court of Appeals · 1990
- State v. GatesHawaii Intermediate Court of Appeals · 1989
- State v. PressnallIdaho Court of Appeals · 1991
8 more not listed; retrieve them via the Exa API.