HRS 0291E-0037 ANNOTATIONS

Case Notes

Decisions under prior law (§286-258).

Margin of error in intoxilyzer test result is a relevant factor to be weighed in considering evidence for driver license revocation. 83 H. 24, 924 P.2d 192.

The basis for driver's license revocation may be established in any one of three ways specified in subsection (d)(3) and §286-259(e)(3) and any one of the three bases for revocation is a sufficient and independent ground upon which to sustain revocation. 97 H. 463, 40 P.3d 865.

Based on §§286-257, 286-259, and this section, upon petitioner's objection, the hearing officer must exclude from the record only (a) all unsworn statements (except the arrest report) of law enforcement officials who do not appear to testify, and (b) all other evidence that is both irrelevant and prejudicial. 91 H. 212 (App.), 982 P.2d 346.

 

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