Pubdate: Fri, 22 Dec 2000 Source: San Jose Mercury News (CA) Copyright: 2000 San Jose Mercury News Contact: 750 Ridder Park Drive, San Jose, CA 95190 Fax: (408) 271-3792 Website: http://www.sjmercury.com/ JUDGE THROWS OUT CASE AGAINST DRINKER OF KAVA A San Mateo County Superior Court judge threw out the state's second drunken driving case related to kava beverage on Thursday in a controversial decision that has prosecutors considering an appeal. Judge Marta Diaz dismissed the charges against Sione Olive, 26, who was arrested in June while driving on Highway 101. Olive was returning from a San Mateo church, where he had consumed 23 cups of kava tea during a religious ceremony. Citing a lack of evidence to demonstrate that the brew had caused him to drive erratically, Diaz found that Olive had been wrongfully charged. That decision baffled county District Attorney Jim Fox, who said his office has requested a transcript of the hearing to consider preparing an appeal. The case is believed to be the second of its kind in California. In October, jurors deadlocked on whether to acquit a man accused of weaving after drinking kava. Kava tea -- made from the root of a pepper plant -- is popular among Polynesian cultures. From Mercury News staff and wire services - --- MAP posted-by: Jay Bergstrom