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Lahaina man’s bail reduced for habitual DUI

Man drove despite lifetime license revocation

WAILUKU — Over the objection of the prosecution, a judge reduced bail to $25,000 for a man arrested on charges including habitually driving under the influence of alcohol.

Frank Kane Jr., 45, of Lahaina was arrested last month on a $250,000 warrant charging him with habitually driving under the influence of an intoxicant, driving after his license was suspended or revoked for DUI and driving while his license was suspended or revoked.

The charges stem from his arrest Jan. 29 after a citizen called police to report a drunken driver, police said. Kane’s blood-alcohol level was measured at more than twice the legal limit of 0.08 percent, according to police.

During a hearing Thursday in 2nd Circuit Court, Deputy Prosecutor Ryan Teshima asked the court to keep bail at $250,000 for Kane.

“The state strongly believes that the increased amount is the only thing that will keep the community safe from this defendant,” Teshima said.

He said Kane’s criminal history includes four convictions for habitual DUI, as well as three other convictions for driving under the influence of an intoxicant and other convictions for driving while his license was suspended or revoked, despite a lifetime driver’s license revocation imposed in 2007.

“Besides violent crimes, there’s really no other case that presents such a danger to the community, and the threat to public safety is even more imminent,” Teshima said. “Despite all these convictions, he still continues to drive. . . . He’s still driving under the influence of alcohol. It’s only a matter of time before he seriously injures or kills somebody or even himself.”

According to a bail study prepared for the hearing, Kane drank alcohol just two weeks ago, Teshima said.

Defense attorney Elizabeth Cuccia asked for bail to be reduced to the $20,000 amount that Kane had posted when he was first arrested.

She said Kane does well while under intense supervision, noting he had graduated from the Maui Drug Court program of treatment and supervision.

“When he has structure and has a job and has a routine, he does well,” she said Thursday. “Unfortunately, during the pandemic that got upended and he fell off the wagon.

“He can be out and not pose a danger to the community.”

Because Kane couldn’t be transported to court for the hearing and a court videoconference system wasn’t working Thursday, Judge Kelsey Kawano delayed the hearing to Monday.

Kane agreed to appear by videoconference from the Wailuku jail.

In another pending case, Kane has pleaded not guilty to habitual DUI and driving after his license was revoked for DUI in connection with his arrest Feb. 2, 2020.

In his two pending habitual DUI cases, Kane’s blood-alcohol content was measured at 0.191 percent and 0.222 percent, Kawano said during the hearing Thursday.

He has been under a lifetime revocation of his driver’s license since Sept. 25, 2007, “yet continues to drive, continues to rack up these driving offenses,” Kawano said.

“That’s definitely a concern.”

Two prior habitual DUI cases against Kane were dismissed in November 2018 when he completed the Drug Court program.

In reducing bail for Kane on Monday, Kawano noted that Kane graduated from the program “and therefore will do well under intense supervision.”

“He has, in this case, apparently relapsed,” Kawano said.

He said Kane has 11 prior convictions for contempt of court and eight prior convictions for driving under the influence of an intoxicant.

If he posts bail, Kane was ordered not to use or possess alcohol, illegal drugs or drug paraphernalia and not to be in the presence of anyone using alcohol, illegal drugs or paraphernalia.

He also was ordered to report for random drug testing.

Kawano said Kane was “absolutely prohibited from any driving” and was ordered to turn in license plates of any vehicles that he has the title for or that he is the registered owner of.

Kane was ordered to stay away from bars or restaurants that serve alcohol and to abide by a curfew from 10 p.m. to 6 a.m.

He was required to submit to continuous alcohol monitoring, which Cuccia said Thursday that Kane already has in place. She said he had sold his car and motorcycle and no longer has a vehicle.

A May 20 pretrial conference is set for Kane.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.

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