Honolulu’s prosecuting attorney said a judge’s ruling to acquit condition Rep. Sharon Har was erroneous, and the proof was extra than more than enough for a DUI conviction.
Honolulu prosecutor Steve Alm expressed his disappointment on Tuesday in for every diem Choose Steven L. Hartley’s acquittal of Har.
In February 2021, Har was arrested underneath suspicion of driving beneath the influence of alcoholic beverages soon after remaining stopped heading the completely wrong way on Beretania Avenue — a big one particular-way road.
Har claimed she had a beer with supper, and her impaired driving was a end result of a undesirable reaction to the treatment she was using.
Alm mentioned the evidence disputes her claims.
“Ms. Har went to AnyPlace Cocktail Lounge and was served 4 Miller Lites. Less than an hour later, she was caught driving the erroneous way on Beretania Road, that she nearly strike a moped, other motor vehicles experienced to go to get out of her way. HPD alertly stopped her, directed her to a parking large amount. She tried out to take a appropriate flip onto a 2nd just one-way street — opposing targeted visitors — the officer was equipped to block her with his automobile,” Alm said.
Alm mentioned Har also had difficulty parking her car. And when stopped, Har offered an expired auto registration and was unable to discover an insurance policies card on her cellular phone — after 10 minutes.
Honolulu law enforcement officers on the scene testified they smelled a potent alcohol odor from Har, and she had slurred speech.
Har refused to take a area sobriety test, or a breath or blood alcoholic beverages check.
Alm said testimony from officers was corroborated with human body camera footage. Additional evidence and testimony were delivered by the cocktail lounge.
Inspite of the proof and testimony, the defense was granted motions of dismissal and acquittal.
Alm claimed prosecutors had extra than ample to overcome these difficulties, and the movement to dismiss should’ve been produced prior to the demo commenced. He said the judge’s decisions went versus state precedence — and were erroneous.
“The choose reported this ruling was simply because of inconsistencies in the officer testimony, and the lack of blood liquor information, intended the condition couldn’t prove the case over and above a fair question,” Alm explained. “This does not stick to the proper regular for a judgment of acquittal. Inconsistency in an officer’s testimony should be resolved in the mild most favorable to the point out. And the deficiency of a BAC looking at must not have been brought up at all. Primarily in this case, simply because Ms. Har refused to get a breath take a look at.”
Alm explained because of to the decision, the department can not test Har once again for this circumstance, declaring, “We have to stay with this.”
Har’s only penalty will come as a end result of her refusal to consider a area sobriety take a look at, or a breath or blood liquor test — her license will be suspended for a yr.
Har’s legal professional, Howard Luke, stated he strongly disagrees with Alm’s characterization of the proof and the judge’s ruling.
Luke mentioned he wants to reassure the community the decide did the ideal detail.
The Hawaiʻi Judiciary declined to comment to The Affiliated Push when requested if Hartley could respond to Alm’s criticism of the ruling.
Har signifies Kapolei and Makakilo. She was initial elected to the point out Residence in 2006. She is also an attorney specializing in genuine estate, land use and design litigation.
Browse Alm’s presentation about the scenario down below or click below to open a new tab.
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