Traffic laws in Hawaii are in place to protect individuals and promote orderly traffic flow. It is essential for drivers to be aware of and adhere to these regulations to avoid committing traffic violations.
The Hawaii Department of Transportation (HDOT) and various law enforcement agencies, such as the Hawaii State Sheriff Division and county police departments, play critical roles in regulating and enforcing traffic laws. These agencies work together to monitor and uphold traffic regulations to maintain safety and order on the roads throughout the state.
Traffic violations in Hawaii can have far-reaching consequences for drivers. Offenders may face fines, have their license suspended or revocated, and even be punished by jail or prison sentences. Additionally, a tarnished driving record can have long-term effects on insurance rates and employment opportunities.
To avoid these penalties, drivers in Hawaiian islands must practice responsible driving. By doing so, they can also contribute to creating a safer and more sustainable transportation environment for everyone in the state.
What Are the Major Traffic Violations in Hawaii?
In Hawaii, drivers can be cited for traffic violations if they do not comply with the regulations outlined in the Hawaii Motor Vehicles Code. These violations are broadly categorized into moving violations, parking violations, and equipment violations.
Moving violations occur when a driver violates a traffic law while operating a vehicle, while parking violations involve infractions such as parking in restricted areas or without the necessary permit. Meanwhile, equipment violations encompass offenses like driving with a burnt-out headlight or an expired registration sticker.
The consequences for traffic violations in Hawaii differ based on the seriousness of the offense and the driver's past record of violations. Typically, offenders can expect to receive a monetary fine, license suspension or revocation, and, in severe cases, jail or prison sentences.
Note that non-U.S. citizens might face additional repercussions, including deportation, for committing traffic offenses.
Felony Traffic Violations in Hawaii
Felony traffic violations in Hawaii are treated as serious offenses that endanger life and property, regardless of intent. The state prosecutes these violations under the criminal code, and the penalties are at least a year in prison, substantial fines, or both.
Hawaii implemented a three-strike law regarding felony offenses in 2006. This law permits prosecutors to pursue 30 years to life imprisonment for a third conviction of a violent felony. The Hawaii Revised Statutes Section 706–610 outlines the consequences for various classes of felony offenses:
- Class A felonies can lead to up to 20 years of imprisonment and fines reaching $50,000.
- Class B felonies have repercussions of up to ten years in prison and fines of up to $25,000.
- Class C felonies may result in up to five years of imprisonment and fines reaching $10,000.
Examples of felony traffic violations in Hawaii include:
- Vehicular homicide
- Driving under the influence (DUI) causing severe injury or death
- Hit-and-run incidents involving injury or death
- Repeat DUI offenses
- Using a motor vehicle to commit a felony
Traffic Misdemeanors in Hawaii
Traffic misdemeanors in Hawaii occupy an intermediate level of severity, being less serious than felonies but more severe than simple infractions.
The Hawaii State Judiciary outlines that traffic misdemeanors can result in a maximum jail term of 30 days for petty misdemeanors and up to one year for regular misdemeanors.
Examples of traffic misdemeanors in Hawaii, as defined by Hawaii Traffic Laws, include:
- Reckless driving
- Operating a vehicle without a valid license
- A first DUI offense without injuries
- Hit-and-run incidents causing damage to a vehicle
- Unauthorized transportation of hazardous materials
- Driving with a suspended or revoked license
- Disrupting a funeral procession
Traffic Infractions in Hawaii
Hawaii's traffic infractions involve violations of laws concerning traffic movement and control.
These offenses are not punishable by imprisonment but result in civil sanctions. Specifically, offenders may face monetary assessments, be required to perform community service, attend mandatory driving classes, or a combination of these penalties. A suspension or revocation of the offender's driver's license is also possible but at the court's discretion.
The classification of offenses as traffic infractions varies across Hawaii's jurisdictions. Nevertheless, some prevalent infractions in the state include:
- Speeding
- Running stop signs
- Driving without a seat belt
- Possessing an expired safety check sticker
- Texting while driving
- Parking in prohibited areas
Hawaii DUI Laws
Hawaii's DUI laws are clear and strict, as outlined in Hawaii Revised Statutes Section 291E-61.
The legal blood alcohol concentration (BAC) limit stands at 0.08%, with a lower limit of 0.02% for individuals under 21 years old. Exceeding these limits will result in a DUI arrest. Even testing below the legal BAC limit does not guarantee immunity, as individuals can still be arrested if deemed to be under the influence.
Upon suspicion of DUI, individuals in Hawaii undergo a roadside sobriety test, which involves various physical and cognitive tasks. Failing this test leads to an arrest, with the individual's rights read and transportation to jail arranged. Additionally, their vehicle will be towed and impounded.
The Administrative Driver's License Revocation Office (ADLRO) plays a pivotal role in determining the outcome of DUI cases. Convicted individuals may face administrative and criminal penalties as prescribed by law.
Administrative Penalties for DUI in Hawaii
The administrative penalties for DUI in Hawaii are stringent and vary based on the circumstances of the offense.
The HDOT and the ADLRO automatically suspend the driver's license of individuals found operating a vehicle with a BAC of 0.08% or higher (0.02% for those under 21) or who refuse a chemical test.
This license suspension lasts two years for a first offense. A second offense within five years carries an 18-month suspension, while a third offense within the same period results in a four-year suspension. Fourth and subsequent offenses within ten years can lead to two to eight years of license suspension.
If offenders are under 18, their suspension will last until they reach 18, with additional requirements for an Ignition Interlock Device.
Further administrative penalties for DUI in Hawaii include mandatory alcohol assessments conducted by the local Division of Driver Education, and regardless of age at the time of the offense, offenders may face registration revocation and be denied a restricted license.
Criminal Penalties for DUI in Hawaii
Besides administrative penalties, drivers found guilty of DUI in Hawaii will face criminal penalties. The severity of these punishments varies based on the offender's prior DUI conviction.
For a first offense, the fine ranges from $250 to $1,000. The offender must also complete a 14-hour drug abuse or alcohol program. In addition, the violator can face jail time between two and five days, have their license revocated for at least two years, and undergo 72 hours of community service.
If an individual is convicted of subsequent DUI charges within ten years of the initial conviction, the monetary penalty will be between $1,000 and $3,000. The jail sentence will be five to 30 days, and the license revocation will be at least three years. In addition, violators will need to complete 240 hours of community service.
Besides that, each DUI conviction in Hawaii requires violators to pay $25 each for neurotrauma and trauma special fund programs. They must also carry an SR-22, which increases auto insurance rates.
Hawaii Speeding Violations
The speed limits in Hawaii vary depending on the type of road or area. In residential areas and school zones, the limit is 25 mph, while on regular non-residential roads, it increases to 45 mph. Rural freeways allow speeds of up to 50 mph, and urban freeways permit speeds of up to 60 mph.
Typically, drivers may experience some leeway on regular roads and freeways, possibly exceeding the speed limit by a few miles but not exceeding ten. However, any form of leniency is absent in residential areas and school zones, as speeding in these areas poses a significant risk of causing severe harm to individuals.
Violators caught exceeding the speed limit in Hawaii face fines and potential arrest, depending on the extent of their speeding. Individuals can expect a fine of around $200 for a first offense, with an additional $10 for violations exceeding ten miles over the limit. Repeat offenders or those significantly exceeding the limit may face driver's license suspension.
Excessive speeding, defined as driving 30 or more miles over the speed limit, incurs more severe penalties. Depending on the specific circumstances of the violation and the individual's driving record, offenders may face fines of up to $1,000, a minimum one-year license suspension, and potentially a 30-day jail term.
How Does Hawaii's DMV Point System Work?
Hawaii is unique compared to most states as it does not utilize a cumulative point system to evaluate a driver's driving performance. Nevertheless, accumulating civil traffic infractions can still tarnish individuals' driving records.
All non-parking traffic citations in the state are reflected in an individual's traffic abstract or driving history report. Minor infractions such as speeding, improper lane changes, tailgating, or running red lights can prompt HDOT interventions, fines from traffic courts or county departments, and mandatory community service.
On the other hand, more severe violations such as misdemeanors or felonies can trigger immediate actions like license suspension, revocation, or cancellation.
Moreover, since a person's driving record is accessible to employers and insurance firms, a history of traffic tickets can lead to increased insurance rates and trouble keeping or getting driving-related jobs.
How Long Do Traffic Violations Stay on Hawaii Driving Record?
In Hawaii, the duration for which a traffic violation remains on a driving record varies based on the gravity of the offense. Typically, minor infractions persist on the record for one to two years, while more serious offenses can stay for up to three years. In cases where multiple violations are involved, the retention period may be extended.
As mentioned, the consequences of accumulating traffic violations in the state include increased insurance premiums and the risk of license suspension. However, individuals with violations on their record may be able to expunge them through defensive driving classes or community service.
A motorist in Hawaii can acquire a comprehensive Hawaii Driver History Record (DHR) to review their documented traffic violations (and corresponding penalties) and verify their driver's license status.
To obtain a DHR, one must visit a district court in person. At the district court, individuals must submit a completed Request for Hawaii Driver History Record, provide identification documentation (such as a valid driver's license or passport), and remit a $9 fee.
Alternatively, those interested can request a DHR by mail. To do so, they must complete and notarize the request form and put it together with a $9 payment through check or money order in a self-addressed, legal-sized envelope. This package must then be sent to a district court. Individuals seeking this option must allow ten days for their requests to be processed.
What Is the Process for Handling Traffic Tickets in Hawaii?
Drivers who received traffic tickets in Hawaii have three options to respond to them. They can either admit fault and pay the ticket, deny and contest the citation, or request a mitigation hearing. Thorough information for each option is detailed below:
Pay the Ticket
Motorists in Hawaii who receive a traffic violation ticket can admit fault by paying the fines associated with the offense. Various methods, including online, by mail, or in person, are available for drivers when paying for their traffic tickets.
Individuals can navigate to the Hawaii State Judiciary's eTraffic Payments website to make a payment online. This website will prompt them to enter their citation number and submit the specified amount using major credit/debit cards. Following the successful processing of the payment, a confirmation email will be sent to the motorist.
Meanwhile, to pay a Hawaii traffic ticket through mail, individuals can send a check or money order to the address below:
District Court of the First Circuit
Traffic Violations Bureau
P.O. Box 3498, Honolulu, HI 96811
It is crucial for individuals opting for the mail method to include their citation number, personal details, and payment with the mailed correspondence.
For those preferring to pay their Hawaii traffic ticket in person, interested parties can visit the District Court of the First Circuit in person at 1111 Alakea Street, 3rd Floor, Honolulu, HI 96813.
Contest the Ticket
Contesting a traffic ticket in Hawaii involves denying the citation using the provided pre-printed envelope. This envelope allows the driver to submit a written statement or request a trial briefly asserting their innocence.
Upon submission, the driver will receive a hearing date on which they can present their case to challenge the alleged violation. The judge presiding over the hearing will then make a decision based on the arguments presented.
If the judge rule the driver not guilty, the offense will not be recorded on the individual's driving record, and the associated fine will be waived. Conversely, a guilty verdict requires the driver to settle the fine and may face additional penalties.
Remember that attendance at the court date is required. If individuals miss it, they may face several penalties, including additional fines, having their license suspended or revoked, or being placed on probation.
In some instances, failure to appear in the scheduled court meeting may necessitate a separate explanation to the judge, potentially leading to case rescheduling or, in the absence of a valid excuse, contempt of court charges and possible imprisonment.
Request a Mitigation Hearing
In Hawaii, individuals who receive traffic tickets can request a mitigation hearing to seek a reduction in fines or penalties.
Instead of contesting the ticket outright, drivers can submit a written request for mitigation, outlining their reasons for seeking leniency from the court. This request should be sent back to the court with a detailed explanation of why a reduction is warranted.
The court, however, has the discretion to grant or deny such requests. The judge may reduce the fines or create a manageable payment plan if granted. On the other hand, if the request is denied, individuals can appeal the decision in a court hearing.
How Are Accident Reports Handled in Hawaii?
Hawaii Revised Statutes Section 287-4 governs the handling of accident reports. According to this law, the driver of a motor vehicle involved in an accident must report the incident promptly, either in writing or in person, to the chief of police within 24 hours of the incident.
Specifically, this report must be filed if:
- The accident resulted in the injury or death of any individual
- The accident resulted in property damages exceeding $3,000
If the driver cannot make the report, another occupant capable of doing so must step in. If this fails, the vehicle's registered owner must submit the report within ten days of learning about the accident.
Typically, the pieces of information required in accident reports are as follows:
- Accident's date, time, and location
- Information about the vehicles and drivers involved
- A description of the accident
- Injuries sustained
- Property damage estimates
- Witness contact information, if available
Note that responding officers may request additional details besides those mentioned above. Accurately providing the required information is vital in the investigation and liability determination process.
How To Get a Copy of a Crash Report in Hawaii?
Obtaining a crash report following an accident in Hawaii is paramount. This report is crucial when filing insurance claims to determine the appropriate payment amount. Similarly, this document is a vital piece of evidence in case there is a need to file a personal injury lawsuit related to the accident.
An individual can acquire a copy of the crash report by contacting the relevant police department that responded to the scene. It is vital to verify the report's completion and availability, and once confirmed, individuals can proceed to the central police station to secure a copy of the report.
Note that obtaining a crash report copy involves a fee. This amount can vary by department, so it is advisable to check the current fee structure with the specific agency beforehand.
What Should Drivers Know about Traffic-Related Arrests in Hawaii?
Drivers in Hawaii should be aware of the potential consequences and procedures related to traffic-related arrests in the state. Common reasons for such arrests include DUI, reckless driving, driving without a license, hit-and-run incidents, and unauthorized transportation of hazardous materials.
When pulled over by a police officer, drivers may receive a citation or face arrest based on the severity of the violation. Minor infractions usually result in a ticket that can be paid or contested in court, while severe violations like DUI may lead to immediate arrest.
Arrested drivers have rights, including the right to silence, an attorney, and a fair trial. They can also request a hearing to challenge charges or seek alternative sanctions like community service.
The consequences of a traffic-related arrest in Hawaii can be substantial, including fines, license suspension, probation, and jail time. Felony convictions, however, can result in lengthy imprisonment and have lasting personal and professional repercussions.
If arrested, drivers should promptly seek legal counsel to understand their rights, navigate the legal process, and potentially mitigate the charges. They can also navigate the Hawaii State Judiciary website for legal aid and resources.