Woman sentenced for impaired driving

WAILUKU — A Kahului woman was given a chance to keep a drug conviction off her record when she was sentenced last week for possessing marijuana that was found in a car when she was arrested for impaired driving.

Ana Havea, 35, had pleaded no contest to third-degree promotion of a dangerous drug and driving under the influence of alcohol. Other charges, including ones for a pistol and ammunition found in the vehicle, were dismissed as part of a plea agreement.

Havea was arrested after police officers made a welfare check when they saw her driving a vehicle that was stopped in the middle of the road with its engine running around 10:30 p.m. Nov. 23.

Police said Havea’s speech was slurred and there was a strong odor of alcohol coming from her body and breath, as well as the odor of marijuana coming from the vehicle. Her blood-alcohol level was measured at more than twice the legal limit of 0.08 percent, according to police.

At Havea’s sentencing Sept. 8, Deputy Public Defender Heather Wolfenbarger said Havea was under the influence that night, after she had been drinking with friends earlier in the day.

At the time, “she was in a very bad relationship,” Wolfenbarger said.

“Her partner at the time did have firearms he would bring in and out of the car,” Wolfenbarger said.

The semiautomatic pistol, which police reported was loaded, was on the passenger-side floorboard, Wolfenbarger noted. “She really didn’t realize it was in the car,” Wolfenbarger said.

She said Havea, who has six children, has no prior criminal record.

Since posting bail to be released in May, she was following court orders and was “in a much more positive place in her life,” Wolfenbarger said.

“She is committed to remaining law abiding,” she said.

Second Circuit Judge Blaine Kobayashi granted the defendant’s request for a chance to keep the marijuana possession conviction off her record if she follows court requirements for one year.

“The court is pleased with your progress since this case occurred,” he said. “The court hopes that you are not the same person that you were on the night you were arrested on these charges.”

Havea was given credit for 70 days she previously spent in jail.

She was ordered to pay a $250 fine and $437 in fees for the DUI conviction.

The firearm and ammunition seized were forfeited to the state.

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


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