STATE v. O'BRIEN

No. 9728.

704 P.2d 905 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. Daniel R. O'BRIEN, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

April 16, 1985.


Attorney(s) appearing for the Case

Richard L. Rost, Wailuku (Matthew N. Padgett and Elizabeth B. Padgett, Wailuku, with him on the briefs; Richard L. Rost, Attorney at Law, A Law Corporation, Wailuku, of counsel), for defendant-appellant.

Artemio C. Baxa, Wailuku (Richard Priest, Jr. and Dave S. Fukuoka, Wailuku, with him on the brief), Deputy Pros. Attys., for plaintiff-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.


TANAKA, Judge.

Defendant Daniel R. O'Brien (Defendant) seeks to overturn his district court conviction of driving under the influence of intoxicating liquor (DUI) on constitutional grounds. He asserts that Hawaii Revised Statutes (HRS) § 291-41 is constitutionally infirm for vagueness and that he was deprived of his fundamental right to a trial by jury. We hold that Defendant was entitled...

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