State v. Mezurashi

RAMIL, Justice.

Plaintiff-Appellant State of Hawai'i (Prosecution) appeals from an order dismissing the charges of driving under the influence of intoxicating liquor (DUI) and driving without lights against Defendant-Appellee Robin R. Mezurashi.

The issue in the instant appeal is whether the Prosecution may rely on an in-toxilyzer test result to prosecute a violation of Hawai'i Revised Statutes (HRS) § 291-4(a)(1) (Supp.1989) when the HRS § 291-4(a)(2) (Supp.1989) charge has been dismissed. We hold that it may, and therefore, the circuit court erred when it refused to admit evidence of the…