Legal Opinion

State v. Shoichi Nakahara

Hawaii Intermediate Court of Appeals

Decided June 5, 1985No. 10241; REPORT NO. C-07802PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT BY

TANAKA, J.

Defendant Shoichi Nakahara (Defendant) appeals his conviction for the offense of driving under the influence of intoxicating liquor (DUI) in violation of Hawaii Revised Statutes (HRS) § 291-4 (Supp. 1984). The dispositive issue on appeal is whether the district court erred in admitting into evidence the test result of the Intoxilyzer 401 IAS (the Intoxilyzer) 2 where the operator of the Intoxilyzer had less than the required hours of instruction and training and had not been issued an appropriate permit. 3 We answer yes and reverse.

On July 25, 1984, Defendant…

2Cases cited10 opinions

Fuenning v. SUPER. CT. IN AND FOR CTY. OF MARICOPAArizona Supreme Court · 1983
State v. JonesSupreme Court of Louisiana · 1975
State v. GerberNebraska Supreme Court · 1980
State v. GrahamSupreme Court of Louisiana · 1978
Otte v. StateNebraska Supreme Court · 1961

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

State v. SouzaHawaii Intermediate Court of Appeals · 1987
State v. ChristieHawaii Intermediate Court of Appeals · 1988
State v. RabusitzHawaii Intermediate Court of Appeals · 2006
State v. IbsenHawaii Intermediate Court of Appeals · 1987
State v. ShiversHawaii Intermediate Court of Appeals · 1986