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State v. Busby6/15/1990
sions that refusal to submit cases are "civil in nature," see, e.g., State v. Severino , 56 Haw. 378, 537 P.2d 1187 (1975); State v. Uehara , 68 Haw. 512, 721 P.2d 705 (1986); cf. State v. Winchester , 69 Haw. 600, 752 P.2d 105 (1988), the "civil" description was used only to distinguish refusal to submit cases from criminal cases. In the above cases, whether a refusal to submit case was a traffic case as opposed to a civil case was not at issue.
We hold, therefore, that cases of refusal to submit to a breath or blood test under HRS § 286-155 are traffic and not civil cases, and that RDC 33(a) is applicable. Consequently, Busby was not entitled to request admissions from the State.
Affirmed.
Disposition
Affirmed.
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