Rep. Sharon Har gets drunk driving case dismissed on technicality

The drunk driving case against state Rep. Sharon Har was dismissed this morning after her attorney cited a Dec. 10 Hawaii Supreme Court decision asserting that criminal complaints are defective if they do not follow a procedural law requiring a signed affidavit or official declaration from the complaining party.

The misdemeanor charge of operating a vehicle under the influence of an intoxicant was dropped with prejudice, meaning prosecutors cannot re-file the case. Har attended this morning’s hearing with her attorney, Howard Luke, who made the motion to dismiss after the prosecution presented evidence to the judge alleging Har’s guilt, according to a docket transcript on the Judiciary Information Management System. The money put up for Har’s bail will be returned to her.

Har was arrested Feb. 22, 2021 after officers found her alone in her 2019 Mercedes-Benz in the head-on direction of one-way traffic traveling on South Beretania Street at Piikoi Street. She also was charged with driving without motor vehicle insurance but that charge was later dismissed with prejudice.

The HSC opinion makes clear that HRS 805-1 requires prosecutors to ensure that a criminal complaint is supported by either the complainant’s signature or a declaration submitted in lieu of an affidavit. The decision has been cited in at least 34 misdemeanor cases on Oahu that were dismissed after defense attorneys filed written or made oral motions citing the HSC opinion.

In a statement issued after her arrest, Har said prescription cough medication with codeine that she was taking for an upper respiratory illness combined with a beer were to blame.

“I am extremely sorry for not anticipating the effect of this combination on my driving. I deeply apologize to my constituents, friends, family and colleagues, and to the public for this failure on my part,” said Har, in the February 2021 statement.