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STATE v. ENGCABO

No. 13585.

784 P.2d 865 (1989)

STATE of Hawaii, Plaintiff-Appellee, v. Brian S. ENGCABO, Defendant-Appellant.

Supreme Court of Hawaii.

December 18, 1989.

Attorney(s) appearing for the Case

Richard Pollack (James Tagupa, with him on the brief), Deputy Public Defender, Office of the Public Defender, Honolulu, for defendant-appellant.

Wallace Weatherwax (Patricia Loo Goodness, with him on the brief), Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, C.J., NAKAMURA, PADGETT and WAKATSUKI, JJ., and Intermediate Court of Appeals Chief Judge BURNS in place of HAYASHI, J., recused.

WAKATSUKI, Justice.

Brian S. Engcabo was convicted of driving under the influence of a drug in violation of Hawaii Revised Statutes (HRS) § 291-7.

The evidence adduced in a bench trial was that police officer Glen Kamanao observed Engcabo driving a pickup truck in an erratic manner. The vehicle was veering over two lanes and onto the shoulder of the roadway. Kamanao therefore activated his siren and caused Engcabo...

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