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STATE v. O'BRIEN

No. 9728.

704 P.2d 883 (1985)

STATE of Hawaii, Petitioner-Appellee, v. Daniel R. O'BRIEN, Respondent-Appellant.

Supreme Court of Hawaii.

July 22, 1985.

Attorney(s) appearing for the Case

Artemio C. Baxa, Dave S. Fukuoka, Richard Priest, Jr., Deputy Pros. Attys., Wailuku, for the writ and Artemio C. Baxa, Wailuku, on the brief for petitioner-appellee.

Richard L. Rost, Matthew N. Padgett, Timothy K. Chism, Jr., Wailuku, on the brief for respondent-appellant.

Brenda L. Carreira, Wayne Shimizu, Willard J. Peterson, Deputy Pros. Attys., on the brief for amicus curiae.

Before LUM, C.J., NAKAMURA, HAYASHI, WAKATSUKI, JJ., and DANIEL G. HEELY, Circuit Judge, in place of PADGETT, J., disqualified.

LUM, Chief Justice.

Petitioner State of Hawaii seeks review of the April 16, 1985 decision of the Intermediate Court of Appeals, 704 P.2d 905, which held that a defendant charged with driving under the influence of intoxicating liquor ("DUI") pursuant to Hawaii Revised Statutes ("HRS") § 291-4 is constitutionally entitled to a trial by jury. Because we are convinced that the ICA's decision is a correct application of our precedent...

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