State v. Gustafson

Defendant-appellant while driving an automobile struck a utility pole on Kinau Street in Honolulu. The investigating officer, believing defendant to be under the influence of liquor, placed him under arrest and required him to 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 judge of the District Court of Honolulu. A hearing was held before the district judge pursuant to HRS § 286-156. After a hearing the district judge found the statements contained in the affidavit to be…