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Lihue, Kauai >> The Police Commission is investigating a case in which officers obtained a blood draw from a 25-year-old man involved in a fatal car accident even though a judge had denied a warrant request.
Kekailani Pau, 23, of Koloa, died in the accident after the driver of the car she was in “lost control of his vehicle, crossed the centerline and crashed sideways into a Ford Ranger heading west,” according to a county news release. The crash happened Feb. 27 near the entrance of Kikialoa Small Boat Harbor in Kekaha.
According to a police report obtained by the Garden Island, officers sought a judge’s consent for a blood draw from the driver, who was in critical condition at Wilcox Memorial Hospital. When the judge denied the request, police went ahead with the blood draw.
State law allows officers to obtain a blood sample without consent if an accident results in injury or death, but officers have been requesting warrants anyway if someone refuses to be tested or cannot sign a consent form.
Prosecutors have been training officers since January in obtaining warrants over the phone, citing concerns over a state law that makes it a misdemeanor to refuse a blood or breath test.
Kauai heat ties record
The high temperature in Lihue on Friday tied a record for the date, the National Weather Service says.
The mercury hit 85 degrees, tying the record set in 1981.
The temperature on Saturday reached 86, but it was unclear if that was a record.