State v. Call

OPINION OF THE COURT

BECKY A. TITUS, County Judge.

THIS CAUSE was heard before the Court on oral motion in limine *22to exclude the results of the breath test taken in connection with Defendant’s arrest for DUI. Upon the testimony presented, the Court finds the facts to be as follows:

1. Defendant was not observed for 20 continuous minutes prior to the taking of his breath sample as required under HRS Rule 10D-42.24(l)(f). The Court declines to include in the 20 minute period the time during which Defendant was being transferred in the patrol car, as urged by the State. The circumstances…