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Man gets probation and house arrest for habitual DUI

WAILUKU — A Paia man was placed on house arrest for 60 days and was ordered to pay a $750 fine for habitually driving under the influence of alcohol last year.

Mark Stack, 53, also was placed on five years’ probation when he was sentenced Thursday.

He was arrested for DUI on May 16, 2020, following two DUI convictions in 2015, according to court records.

Stack had pleaded guilty to the felony charge of habitually operating a vehicle under the influence of alcohol, which can be brought when someone is arrested for impaired driving after two prior DUI convictions within 10 years.

A plea agreement between the defense and prosecution recommended a 30-day jail term and probation for Stack.

His attorney, Benjamin Ignacio, said the agreement recognized Stack’s efforts at rehabilitation after a long history of substance abuse.

“He feels that we are at the end of a long journey, maybe starting a new chapter,” Ignacio said.

“I know I did wrong,” Stack said.

He said he has been sober for 14 or 15 months.

While following the plea agreement to place Stack on probation, 2nd Circuit Judge Peter Cahill said he was imposing the house arrest instead of jail because of COVID cases at the Maui Community Correctional Center.

“The problem here is the driving,” Cahill said. “People have a right to be or become alcoholics. You can’t drive a car, though, when you’re drinking. That’s the real thing that’s the problem.”

He said other defendants have been sentenced to prison or longer jail terms for habitual DUI.

“It’s like giving you a loaded weapon and telling you, ‘Go out in the courtyard and start shooting,’ “ Cahill said. “That’s what a vehicle is if you’re intoxicated.

“You take your life and the lives of others in your hands.”

As part of his house arrest, Stack was required to pay for installation of an ankle monitor to track his location and any alcohol consumption. Cahill said Stack could leave his residence only to go to the probation office, to his business during business hours or to seek medical treatment.

His driver’s license was revoked for five years, and Stack isn’t allowed to drive during that period, Cahill said.

Stack was ordered not to consume or possess alcohol or illegal drugs and to stay away from people using illegal substances. He was ordered to pay $487 in fees.

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

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