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State v. Kuba9/26/1985
620 P.2d at 743 (emphasis added) (construing People v. Shirley, 78 Cal. App. 3d 424, 144 Cal. Rptr. 282 (1978)).
The evidence presented before the grand jury was that Defendant 1) was unsteady on his feet and appeared intoxicated; 2) admitted he had smoked marijuana; 3) had no alcohol in his blood; and 4) had methaqualone in his pockets. There was sufficient evidence to establish probable cause for the indictment charging Defendant with Driving Under the Influence of Drugs because a reasonable person would suspect Defendant's intoxication was the result of taking drugs.
Because a person of ordinary cauting and prudence would believe and conscientiously entertain a strong suspicion of guilt against Defendant, Freedle, 1 Haw. App. at 400, 620 P.2d at 743, the indictment should not have been dismissed for insufficient evidence. Accordingly, the order dismissing Count I of the indictment is reversed, and Count I is reinstated.
Reversed and remanded.
Disposition
Reversed and remanded.
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