Honolulu Prosecutor Steve Alm on Tuesday publicly criticized a judge for acquitting state Rep. Sharon Har in a drunken driving case in which she was stopped Feb. 22 while driving in the wrong direction on a one-way street after leaving a Moiliili bar and failed to take a field sobriety test.

At a news conference Tuesday at the Prosecutor’s Office, he criticized Judge Steven Hartley, saying he erred by allowing a motion to dismiss the case during the trial, which violates Hawaii Rules of Penal Procedure, and granted the case against Har to be dismissed with prejudice, meaning prosecutors could not charge her again for the same crime.

He said the motion could have been raised prior to trial, but Har’s attorney, Howard Luke, countered, saying trial in Har’s case began Dec. 6 and concluded Monday, so it was impossible to have raised that Dec. 10 Supreme Court decision before the trial began.

The Supreme Court opinion asserts criminal complaints are defective if they do not follow a procedural law requiring a signed affidavit or official declaration from the complaining party. The decision has been cited in at least 34 misdemeanor cases on Oahu that were dismissed after motions were filed citing it.

Alm said Hartley granted a motion for judgment of acquittal, which is “raised in every case” but is rare for a judge to grant, and in 15 years on the bench, he said he never did.

Alm also shared with the media evidence and testimony presented at trial, including testimony from a server at AnyPlace Cocktail Lounge that Har ordered four 12-ounce bottles of Miller Lite.

He said the evidence clearly showed she was “under the influence of alcohol in an amount sufficient to impair her normal faculties or ability to care for person and guard against casualty.” She was found going the wrong way on a one-way street, tried to turn down another, nearly hit a moped, and other vehicles had to move out of the way. She struggled to drive into a bank parking lot and had a strong odor of alcohol.

But Luke held his own news conference, saying the defense never got an opportunity to present its case to counter some of what Alm presented to the media Tuesday, which Luke said was inaccurate in part, and that the judge was unfairly criticized.

Luke said the server confirmed Har drank only a small amount from three of the four bottles, and Luke estimated it amounted to half a bottle.

Police stopped Har driving alone down Beretania Street in her Mercedes-Benz in the wrong direction, but Luke said she was not trying to turn onto Piikoi Street. Instead, the officer signaled her to go to the right, but she did not turn. And she had to reverse to turn into a bank parking lot since she had just passed it.

There was no mention of a moped in police reports, and it only came up at trial, Luke said. The officer in closest proximity to her did not mention an odor of alcohol in her report.

So Luke said the judge was right to notice the inconsistencies in the evidence.

“I’m sure he (Alm) made those statements in good faith,” Luke said. “He’s talking about police reports and what occurred. The judge has taken a lot of criticism from some sectors, but lawyers from both sides seem to believe he’s a fair judge.”

On the judgment of acquittal, Luke said Alm failed to say whether Hartley “could find proof of guilt beyond a reasonable doubt.”

Luke said Har did not appear drunk in videos, but instead was able to get in and out of the police car without assistance while handcuffed and wearing heels.

Shortly after the arrest and misdemeanor charge of driving under the influence of an intoxicant, Har admitted to taking a prescription cough medication with codeine for an upper respiratory ailment with beer.

When asked why she failed to take a field sobriety test, Luke said he would have advised her to take it, but many are under the impression that one should not do so.

Alm would not speculate why Hartley would make such mistakes, but said there’s nothing that can be done to change the outcome of the case. He vowed to continue working with police to stop drunken driving.

Luke said, “Because of Har’s position and the public outcry against her … the big fear is she would get special treatment,” but he added that it took courage to make an unpopular decision.

Hartley has served as a per diem or part-time judge of the District Court of the 1st Circuit since 2015. His current term runs through Sept. 30, 2024.