State v. Gates

OPINION OF THE COURT BY

TANAKA, J.

Defendant Richard Holland Gates (Defendant) appeals his jury conviction for driving under the influence of intoxicating liquor (DUI) in violation of Hawaii Revised Statutes (HRS) §§ 291-4(a)(l) and -4(a)(2) (1985). Defendant contends that the trial court erred in admitting into evidence the test result obtained from the use of an intoxilyzer model 401 IAS (Intoxilyzer), a breath-testing instrument. He also contends that the trial court erred in denying his motion for judgment of acquittal 2 made after the close of the State’s case. We hold that these…