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Kokua Line
June Watanabe
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State law lets police set up anti-drunk roadblocks
Question: Around 11 p.m., Saturday, Aug. 4, I was driving home from Waikiki when I saw a "Police Road Block" sign, a coned-off lane and police officers directing all drivers into the Honolulu Zoo parking lot. After I parked in a stall, an officer approached my vehicle and asked me where was I coming from, did I have anything to drink, etc. He also shined a flashlight into my face to see if I had been drinking. Is this legal? Don't officers need reasonable suspicion to pull someone over?
Answer: The police chiefs in all four Hawaii counties are authorized to set up "intoxicant control roadblock programs" under Section 291E-19 and 291E-20 of the Hawaii Revised Statutes.
The roadblock you encountered was authorized under the "52/12" roadblock program, and the line of questioning, as well as the use of flashlights, "is standard practice" to check drivers for possible impairment, said Capt. Frank Fujii, spokesman for the Honolulu Police Department.
If you feel the officer was discourteous or out of line, you should contact HPD, he said.
Fujii also explained that the zoo parking lot was utilized because there is no other safe place to pull drivers over in that area.
Among the minimum standards set by state law, roadblocks are supposed to:
» Require all approaching vehicles be stopped or that certain vehicles be stopped by selecting them in a specified numerical sequence or pattern.
» Be located at fixed locations for a maximum three-hour period.
» For safety precautions, be properly illuminated; be off road or otherwise in safe and secure holding areas; be staffed by uniformed law enforcement officers carrying proper identification; provide "adequate advance warning of the fact and purpose of the roadblocks," either by sign posts, flares or other alternative methods; and be staffed adequately "to ensure speedy compliance with the purpose of the roadblocks and to move traffic with a minimum of inconvenience."
Any roadblock may be terminated early at the discretion of the officer in charge if traffic congestion is an issue.
The state Department of Transportation, four county police chiefs and Mothers Against Drunk Driving inaugurated the 52/12 program in 2005 to snare drunken drivers weekly, year-round, not just during holiday weekends.
Mahalo
To the city paramedics who helped me out when my car stalled on Ala Wai Boulevard at about 7 p.m. Wednesday, Aug. 1. I was driving home after work when the car completely cut out and stalled. The paramedics pushed me to a side street so I was no longer blocking traffic. I am sorry I forgot to get their names. I would also like to say mahalo to Preston and his family for helping to get the car started so I could get home. This incident reminds me of the old phrase "Lucky you live Hawaii," and I was certainly lucky to run into people who embody the aloha spirit. -- Daniel Thomasson
Got a question or complaint? Call 529-4773, fax 529-4750, or write to Kokua Line, Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210, Honolulu 96813. As many as possible will be answered. E-mail to
kokualine@starbulletin.com.
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