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State v. Hayashi4/29/2004
ly articulate that impairment was a material element of the offense of DUI-drugs was harmless, inasmuch as (a) it did not render Hayashi's trial fundamentally unfair, (b) substantial evidence supported Officer Kobayashi's conclusion that Hayashi was impaired by drugs, and (c) it is clear beyond a reasonable doubt, that the district court would have found Hayashi guilty absent such omission, see State v. Sprattling, 99 Hawai'i 312, 55 P.3d 276 (2002); and (3) the prosecution adduced sufficient evidence to support Hayashi's conviction of the offense of DUI-drugs, inasmuch as substantial testimony was adduced to support a finding that Hayashi's ability to operate his car in a careful and prudent manner was impaired, see State v. Duncan, 101 Hawai'i 269, 67 P.3d 768 (2003); State v. Valdivia, 95 Hawai'i 465, 24 P.3d 661 (2001). Therefore,
IT IS HEREBY ORDERED that the district court's October 9, 2003 judgment of guilty conviction and sentence, from which the appeal is taken, is affirmed.
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