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STATE v. HIMURO

No. 12585.

761 P.2d 1148 (1988)

STATE of Hawaii, Plaintiff-Appellant, v. Glenn Y. HIMURO, Defendant-Appellee.

Supreme Court of Hawaii.

October 6, 1988.

Attorney(s) appearing for the Case

James Anderson (Arthur E. Ross, on the opening brief and Lila B. LeDuc, on the reply brief), Deputy Pros. Attys., Honolulu, for plaintiff-appellant.

George M. Takane, Honolulu, for defendant-appellee.

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

LUM, Chief Justice.

The issue in this appeal is whether the twenty day time period prescribed by Hawaii Revised Statutes (HRS) § 286-156 for an affidavit hearing prior to revoking an arrested person's driver's license for refusal to submit to a sobriety test is mandatory or directory. We conclude that the twenty day hearing provision is mandatory and affirm.

I.

Appellee was arrested for Driving While...

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