State v. Kirn

OPINION OF THE COURT BY

LUM, C.J.

The primary issue in this appeal is whether the State has a right to an interlocutory appeal of a pretrial order suppressing evidence based upon a violation of the State’s Administrative Rules. After finding we have appellate jurisdiction over this case, we affirm the lower court’s order.

I

On February 26, 1987, Defendant-Appellant Donna Kirn was arrested for Driving Under the Influence of Intoxicating Liquor in violation of Hawaii Revised Statutes (HRS) § 291^t(a)(l) and (a)(2), and administered an intoxilyzer test by Honolulu Police Matron Elizabeth Zack…