§263A - 6 Hearing before a district judge.
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/hi/263a-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§263A - 6 Hearing before a district judge. 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;
(2)Whether the person was lawfully arrested;
(3)Whether the law enforcement officer had informed the person of the sanctions of section 263A-5; and
(4)Whether the person refused to submit to a test of the person's breath or blood. [L 1991, c 274, pt of §1]