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eBook details

• Title: State v. Nishi
• Author : Hawaii Court of Appeals No. 15709
• Release Date : January 21, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Per Curiam. In a jury-waived trial, the District Court of the First Circuit (district court) convicted defendant-appellant
Michael Akio Nishi (Defendant) of (1) driving under the influence of intoxicating liquor (DUI) in violation of Hawaii Revised
Statutes (HRS) § 291-4(a)(1) (1985);1 (2) operating a motor vehicle which was not insured under a no-fault policy
(No No-Fault Insurance) in violation of HRS § 431:10C-104(a) (1987 Sp. Pamphlet);2 and (3) operating a vehicle
without a certificate of inspection (No Safety Check) in violation of HRS § 286-25 (1985).3 After finding that
the No No-Fault Insurance violation was a second offense, the district court imposed an enhanced sentence of a $3,000 fine
on Defendant.4 On appeal, Defendant contends that (A) the district court reversibly erred in admitting the police officer's opinion as to
the results of the field sobriety tests the officer administered to Defendant; (B) the evidence was insufficient to establish
beyond a reasonable doubt that Defendant was guilty of DUI; and (C) the court erred in sentencing Defendant for No No-Fault
Insurance as a second time offender because the State of Hawaii (State) failed to submit legally sufficient proof of Defendant's
first conviction. We affirm the convictions. Regarding the No No-Fault Insurance conviction, however, we vacate the sentence
and remand for resentencing.

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