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STATE v. UEHARA

No. 10865.

721 P.2d 705 (1986)

STATE of Hawaii, Plaintiff-Appellant, v. Yoshio UEHARA, Defendant-Appellee.

Supreme Court of Hawaii.

As Amended July 1, 1986.

Attorney(s) appearing for the Case

Peter Van Name Esser, Dept. of Pros. Atty. (Earl S. Robinson on the opening brief & Arthur E. Ross, Deputy Pros. Attys., on the reply brief), Honolulu, for plaintiff-appellant.

George K. Noguchi, Honolulu, for defendant-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI & WAKATSUKI, JJ.

LUM, Chief Judge.

Appellant State of Hawaii ("State") appeals a district court's dismissal of a charge against Appellee Yoshio Uehara for refusing to submit to chemical testing of his blood for alcohol concentration. We reverse and remand for further proceedings.

I.

On August 26, 1985, Uehara appeared in district court to answer charges for criminal contempt,1 driving under the...

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