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STATE v. GUSTAFSON

No. 5397.

515 P.2d 1256 (1973)

STATE of Hawaii, Plaintiff-Appellee, v. Robert T. GUSTAFSON, Defendant-Appellant.

Supreme Court of Hawaii.

November 7, 1973.

Attorney(s) appearing for the Case

Robert T. Gustafson, defendant-appellant, pro se.

Adrienne Sepaniak, Deputy Pros. Atty., Honolulu (Barry Chung, Pros. Atty., with her on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

PER CURIAM.

Defendant-appellant struck a utility pole while driving an automobile on Kinau Street in Honolulu. The investigating police officer, believing appellant to be under the influence of alcohol, placed him under arrest and requested that he take a "breath or blood" test under the implied consent statute, HRS ch. 286. Upon his refusal to submit to a test, the officer executed and filed an affidavit with the magistrate...

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