291D-3

Applicability

§291D-3 Applicability. (a) Notwithstanding any other provision of law to the contrary, all traffic infractions, including traffic infractions committed by minors, shall be adjudicated pursuant to this chapter, except as provided in subsection (b). This chapter shall be applied uniformly throughout the State and in all counties. No penal sanction that includes imprisonment shall apply to a violation of a state statute or rule, or county ordinance or rule, that would constitute a traffic infraction under this chapter. No traffic infraction shall be classified as a criminal offense.

(b) Where a defendant is charged with a traffic infraction and the infraction is committed in the same course of conduct as a criminal offense for which the offender is arrested or charged, the traffic infraction shall be adjudicated pursuant to this chapter; provided that the court may schedule any initial appearance, hearing, or trial on the traffic infraction at the same date, time, and place as the arraignment, hearing, or trial on the related criminal offense.

Notwithstanding this subsection and subsection ©, the court shall not schedule any initial appearance, hearing, or trial on the traffic infraction at the same date, time, and place as the arraignment, hearing, or trial on the related criminal offense where the related criminal offense is a felony or is a misdemeanor for which the defendant has demanded a jury trial.

© If the defendant requests a trial pursuant to section 291D-13, the trial shall be held in the district court of the circuit in which the traffic infraction was committed. If the court schedules a concurrent trial pursuant to paragraph (1), the concurrent trial shall be held in the appropriate district or family court of the circuit in which the traffic infraction was committed, whichever has jurisdiction over the related criminal offense charged pursuant to the applicable statute or rule of court; provided that:

(1) The district or family court, for the purpose of trial, may schedule a civil trial on the traffic infraction on the same date and at the same time as a criminal trial on the related criminal offense charged. The court shall enter a civil judgment as to the traffic infraction and a judgment of conviction or acquittal as to the related criminal offense following such concurrent trial; and

(2) If trial on the traffic infraction is held separately from and prior to trial on any related criminal offense, the following shall be inadmissible in the prosecution or trial of the related criminal offense, except as expressly provided by the Hawaii rules of evidence:

(A) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 291D-7(b); and

(B) Any testimony given by the defendant in the trial on the traffic infraction.

Such statements or testimony shall not be deemed a waiver of the defendant’s privilege against self-incrimination in connection with any related criminal offense.

(d) In no event shall section 701-109 preclude prosecution for a related criminal offense where a traffic infraction committed in the same course of conduct has been adjudicated pursuant to this chapter.

(e) If the defendant fails to appear at any scheduled court date prior to the date of trial or concurrent trial and:

(1) The defendant’s civil liability for the traffic infraction has not yet been adjudicated pursuant to section 291D-8, the court shall enter a judgment by default in favor of the State for the traffic infraction unless the court determines that good cause or excusable neglect exists for the defendant’s failure to appear; or

(2) The defendant’s civil liability for the traffic infraction has been adjudicated previously pursuant to section 291D-8, the judgment earlier entered in favor of the State shall stand unless the court determines that good cause or excusable neglect exists for the defendant’s failure to appear.

(f) If the defendant fails to appear at any scheduled court date prior to concurrent trial or fails to appear for concurrent trial scheduled pursuant to subsection ©(1), the court shall enter a disposition pursuant to the Hawaii rules of penal procedure for the criminal offense. [L 1993, c 214, pt of §2; am L 1997, c 59, §1; am L 2005, c 48, §1; am L 2007, c 85, §3]

Rules of Court

Applicability of rules, see HCTR rule 4; companion cases, see HCTR rule 12.