State v. Lengwenus

Hawaii Supreme Court

State v. Lengwenus

763 P.2d 567, 70 Haw. 118

CourtHawaii Supreme Court

DecidedOctober 26, 1988

DocketNO. 12839

StatusPublished

This text of 763 P.2d 567 (State v. Lengwenus) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Lengwenus, 763 P.2d 567, 70 Haw. 118 (haw 1988).

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Opinion

OPINION OF THE COURT BY

PADGETT, J.

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 the defendant can waive that requirement Here, the record indicates that the appellee requested a continuance in order to complete discovery and that the court below granted that continuance. We hold that a defendant, charged with failure to submit to testing, can waive the 20-day period. Reversed and remanded for further proceedings consistent herewith.

Arthur E. Ross, Deputy Prosecuting Attorney, on the briefs for appellant. Bruce A. Masunaga on the brief for appellee.

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