12-26-2007, 09:38 AM
Maybe someone can contact the County Prosecutor's office and ask what is the definition of “direct control” of a motor vehicle and its relationship to probable cause related to Hawaii's DWOI when an officer did not personally observe the person driving the vehicle? With that everyone will know based on legal fact what an officer can and can not do. If the rules support the need for an officer to act, you have the basis for a solid formal complaint if they fail to take action against the violator. If the rules set a standard difficult for an officer to act upon if they didn’t witness the driver operating (or “under direct control” of) the vehicle, you at least know why they may not be able to take action.