[DOWNLOAD] "State V. Lau" by Hawaii Supreme Court * Book PDF Kindle ePub Free

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eBook details

• Title: State V. Lau
• Author : Hawaii Supreme Court
• Release Date : January 22, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

In March 1992, plaintiff-appellee State of Hawai'i (State) charged defendant-appellant Herbert Sui Ung Lau with Driving Under the Influence of Intoxicating Liquor (DUI),  in violation of Hawai'i Revised Statutes (HRS) § 291-4 (a)(1) & (a)(2) (Supp. 1992). In addition, the State charged Lau with Driving Without License in violation of HRS § 286-102 (1985). Lau demanded a jury trial and the case was committed for trial in the First Circuit Court. On April 13, 1993, sixteen months after Lau's arrest and prior to his jury trial, Lau filed a motion to dismiss all counts, claiming that his jury trial had not commenced within 180 days from his date of arrest as required by Hawai'i Rules of Penal Procedure Rule 48 (HRPP Rule 48). In the alternative, Lau moved to have the charges dismissed for: (1) failure of the court to establish time limits for Disposition of DUI as mandated by article VI, section 1 of the Hawai'i Constitution;*fn1 or (2) violation of his constitutional right*fn2 to a speedy trial. Thirty-nine other defendants similarly situated and also charged under HRS § 291-4 filed identical motions to dismiss. The circuit court denied all of the defendants' motions to dismiss.

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