STATE v. LENGWENUS

No. 12839.

763 P.2d 567 (1988)

STATE of Hawaii, Plaintiff-Appellant, v. Heinz LENGWENUS, Defendant-Appellee.

Supreme Court of Hawaii.

October 26, 1988.


Attorney(s) appearing for the Case

Arthur E. Ross, Deputy Pros. Atty., Office of the Pros. Atty., on the briefs, Honolulu, for plaintiff-appellant.

Bruce A. Masunaga, on the brief, Honolulu, for defendant-appellee.

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


PADGETT, Justice.

This is an appeal by the State of Hawaii from the dismissal of a charge of refusal to consent to testing, under HRS § 286-155, on the basis that the hearing was not held within 20 days after the receipt of the affidavit. The trial judge construed HRS § 286-156 as forbidding a waiver of the 20-day period.

While we have held that, absent waiver, the 20-day statutory requirement must be strictly complied with, we think it clear that...

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