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State v. Taniguchi7/18/1991
was based upon the court's reasoning that Defendant's right to counsel was violated because he was forced to sign HPD Form 245 without the benefit of counsel. However, we have consistently held that where the decision below is correct it must be affirmed by the appellate court even though the lower tribunal gave the wrong reason for its action. State v. Rodrigues , 68 Haw. 124, 134, 706 P.2d 1293, 1300 (1985) (citing Agsalud v. Lee , 66 Haw. 425, 430, 664 P.2d 734, 738 (1983)).
The evidence presented to the court below supports the finding that Defendant did not effectively refuse to submit to a breath or blood test for purposes of the implied consent law and the trial court properly dismissed the charged offense. We, therefore, affirm the dismissal.
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