A hearing to determine the truth of an affidavit submitted to a district judge shall be held within twenty days after the district judge has received the affidavit.

The district judge shall hear and determine:

(1) Whether the law enforcement officer had probable cause to believe that the person had either been flying or was in actual physical control of an aircraft while under the influence of intoxicating liquor;
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 263A-6

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) Whether the person was lawfully arrested;
(3) Whether the law enforcement officer had informed the person of the sanctions of § 263A-5; and
(4) Whether the person refused to submit to a test of the person’s breath or blood.

  Previous
Next  
 Chapter 263A Contents