291D-2

Definitions

§291D-2 Definitions. As used in this chapter:

“Concurrent trial” means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged traffic infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time.

“Hearing” means a proceeding conducted by the district court pursuant to section 291D-8 at which the person to whom a notice of traffic infraction was issued either admits to the traffic infraction, contests the notice of traffic infraction, or admits to the traffic infraction but offers an explanation to mitigate the monetary assessment imposed.

“Notice of traffic infraction” includes a notice of parking infraction.

“Related criminal offense” means any criminal violation or crime, committed in the same course of conduct as a traffic infraction, for which the defendant is arrested or charged.

“Traffic infraction” means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter.

“Trial” means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence. [L 1993, c 214, pt of §2; am L 1997, c 60, §8; am L 2007, c 85, §2]

Rules of Court

Additional definitions, see HCTR rule 3.

Case Notes

“Traffic offense” exception of HRPP rule 48 applied exclusively to “all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment” (i.e., “traffic infractions”). 78 H. 54, 890 P.2d 291.