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STATE v. RUGGIERO

No. 26940.

160 P.3d 703 (2007)

STATE of Hawai`i, Plaintiff-Appellee, v. Adam RUGGIERO, Defendant-Appellant.

Supreme Court of Hawai`i.

June 5, 2007.

Attorney(s) appearing for the Case

Arleen Y. Watanabe, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee State of Hawai`i.

Deborah L. Kim and Marcus L. Landsberg IV, Deputy Public Defenders, on the briefs, for the defendant-appellant Adam Ruggiero.

LEVINSON, J., with whom DUFFY, J. joins; NAKAYAMA, J., Concurring and Dissenting, with whom MOON, C.J., joins; and ACOBA, J., Concurring and Dissenting Separately.

Opinion by LEVINSON, J.

The defendant-appellant Adam Ruggiero appeals from the September 30, 2004 judgment and sentence of the district court of the second circuit, the Honorable Douglas H. Ige presiding, convicting him of operating a vehicle under the influence of an intoxicant [hereinafter, "DUI"], in violation of Hawai`i Revised Statutes (HRS) § 291E-61 (Supp.2003), see infra note 10.

On appeal, Ruggiero...

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