Legislator, MADD
say new DUI law
needs more work

Kalihi hit-run accident
shows how offenders are
not always caught

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By Nelson Daranciang
Star-Bulletin

A key legislator and two spokeswomen for Mothers Against Drunk Driving Hawaii say there is a loophole in a new state law that tries to get tough on repeat DUI offenders.

Their remarks come in the wake of the hit-and-run accident last month that killed 33-year-old Daniel Agcaoili of Kalihi. Last week, Tiuli Faatoia, 39, turned himself in to police in connection with the May 24 accident in which Agcaoili's moped was struck from behind.

Faatoia, also of Kalihi, was charged Wednesday with failure to render aid, a felony that carries a possible 20-year prison sentence since the collision resulted in a death. He is being held in lieu of $25,000 bail, and a preliminary hearing is set for Tuesday.

Faatoia has three drunken-driving convictions since 1997, and his license was suspended for five years starting in April 1999. In October he was arrested for operating a vehicle without a driver's license or no-fault insurance. The arrest came barely a week after a new state law took effect that requires police to seize the vehicle license plates and registration of a repeat DUI offender who is stopped for driving under the influence of alcohol or drugs.

Because the October arrest was not for DUI, police did not seize Faatoia's license plates or registration.

The law "should have that provision," said Theresa Paulette, a former president of MADD Hawaii. "There are loopholes everywhere. We need to close that up and make sure that the habitual, hard-core drinking driver has sanctions that will remove him from the road."

The state Legislature passed the repeat DUI offender law last year to comply with a federal mandate. Senate Transportation Committee Chairman Cal Kawamoto said there was no discussion about extending the license plate and registration seizure beyond arrests for DUI.

"I don't know why it wasn't part of the bill," Kawamoto said. "There should be that provision; it should be part of their punishment. I'm sure it was the intent of the law."

Kawamoto promised to introduce a measure to address that in the next legislative session. "We've got to polish up the bill," he said.

Another former MADD Hawaii president said the national organization is pushing legislation to increase the penalty for someone who drives after their license has been suspended for DUI.

"The penalties for driving on a suspended license is totally inappropriate," said Carol McNamee, MADD Hawaii public policy chairwoman. "We need to take another step."

Faatoia did not make a statement to police when he turned himself in eight days after the accident, so police say they do not know if alcohol or drugs were a factor.

Faatoia was charged based on what he told his wife, father-in-law, mother-in-law and family friend Samuel Matautia on May 31, police said.

"On that night he was remorseful. He was crying. He made everyone cry," said Matautia yesterday. "He said the guilty conscience in him was overbearing, so he needed to tell somebody and turn himself in."

The following evening, Matautia said, he, Faatoia's wife, father-in-law, mother-in-law and two other relatives escorted Faatoia to the Honolulu Police Kalihi substation to turn himself in.

Agcaoili's brother, Lawrence, said the victim's family "just wants to focus on my brother's funeral for now."

Mass will be held tonight at St. Anthony Church, Kalihi, at 640 Puuhale Rd. from 6 to 9 p.m. Burial services begin at 10 a.m. tomorrow at Valley of the Temples. Both are open to the public.