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The Honolulu Advertiser
Posted on: Friday, November 13, 2009

Driver charged 9th time with DUI


By John Burnett
Hawaii Tribune-Herald

HILO, Hawai'i — A Kea'au man convicted in 2007 of habitual drunken driving faces the same charge again.

A Hilo grand jury Nov. 4 indicted 47-year-old Michael Anthony Torres of habitual DUI, drinking while driving, and driving while his license was revoked or suspended. He could receive a maximum five-year prison term for the habitual DUI conviction, a felony.

Police Sgt. Regino Saludares said Wednesday that Torres was arrested at 10:40 p.m. Oct. 24 at Highway 11 and Kílauea Avenue on the outskirts of Hilo. He was released on $4,000 bail, the same amount in the bench warrant accompanying the indictment.

The warrant had not been served and arraignment had not been scheduled as of Wednesday.

According to court records, Torres was sentenced May 14, 2007, to a year in jail and five years of probation for habitual DUI by Hilo Circuit Judge Greg Nakamura. The conviction stemmed from an arrest Oct. 6, 2006.

"With the holiday season approaching, this is a scary time for all of us, because we know that people are going to be celebrating with friends and family and partaking in the festivities, but this is the perfect time for a judge to send out the message that if you drink and drive, you will be punished," said Jennifer Dotson, executive director of Mothers Against Drunk Driving in Hawaii.

If he is convicted of the current charges, it would be the ninth DUI conviction for Torres. He was found guilty of drunken driving three times in 2004, twice in 1995, and also in 1991 and 1984.

The three 2004 convictions all resulted in jail sentences, once for five days and twice for 48 hours.

Torres has been convicted five times of driving without a license and twice for driving without insurance. He also has several convictions for public drinking and contempt of court.

Out of 27 convictions overall, the 2007 habitual DUI conviction is Torres' only felony.

Another habitual drunken driver, 63-year-old Henry Moniz Jr. of Hilo, was sentenced by Nakamura on Nov. 2 to a year in jail. It was Moniz's 14th overall DUI conviction. Moniz, who had 62 prior convictions, including four for felonies, is being allowed to serve his sentence on weekends over the course of his five-year probation.

"Because we're outraged with what happened with Moniz, hopefully the judge this time around does the right thing and gives this person his maximum time instead of a lenient sentence," said Clarissa Fernandes, MADD Big Island coordinator.