Hawaii Legal Notes

Overview

This document outlines the key considerations and structures necessary to provide proper responses and calculations of potential sentencing obligations. The intent is to inform the software and algorithms invoked to respond to inquiries about sentencing options.

To simplify development and rollout, the initial focus will be on traffic infractions. They are a complex structure in and of themselves, and constitute a significant percentage of court activity and LFO sentencing.

District Courts

District courts handle the vast majority of LFO cases. District courts are courts within Hawaii's five circuit courts.

District Court Fees and Costs

Fee

Base fee unless overridden: $100

• § 607-4 District court costs
• § 607-5 Costs; circuit courts
• § 607-3 Court costs, waiver of prepayment, reduction or remission of -- the judges of all the courts of the State shall have discretionary power to waive the prepayment of costs or to reduce or remit costs where, in special or extraordinary cases, the cost of any suit, action, or proceeding may, to the judges, appear onerous.

District court fees and costs for traffic citations

§ 607-4.7 Administrative costs associated with the processing of traffic citations that involve stopping (when prohibited), standing, or parking….

Fee

$10 for each violation in addition to any fine imposed by the court, and whether or not such fine is suspended

§ 607-4.8 Administrative costs associated with the processing of traffic citations which do not involve stopping, standing, or parking…

Fee

$40 for each violation in addition to any fine imposed by the court, and whether or not such fine is suspended

§ 607-4.9 Administrative costs associated with the processing of traffic citations issued for violations of a statute or ordinance relating to vehicles or their drivers, or owners, except those as provided by paragraphs (7) and (8)

Fee

$30 for each violation in addition to any fine imposed by the court, and whether or not such fine is suspended

District court judges acting on traffic citations

According to Section § 291D-12 Powers of the district court judge sitting in the traffic division, district court judges sitting in the traffic division have all the sentencing options of a district court judge but in addition the following:

1. To conduct traffic infraction hearings and to impose monetary assessments;
2. To permit deferral of monetary assessment or impose community service in lieu thereof;
3. To dismiss a notice of traffic infraction, with or without prejudice, or to set aside a judgment for the State;
4. To order temporary driver’s license suspension or driver’s license reinstatement;
5. To order the director of finance not to issue or renew the driver’s license, or to register, renew the registration of, or issue title to a motor vehicle, of any person who has not paid a monetary assessment, has not performed community service in lieu thereof, or has not otherwise satisfied a judgment for the State entered pursuant to this chapter;
6. To approve the issuance or renewal of a driver’s license or instruction permit pursuant to section 286-109(c);
7. To issue penal summonses and bench warrants and initiate contempt of court proceedings in proceedings conducted pursuant to section 291D-13;
8. To issue penal summonses and bench warrants and initiate failure to appear proceedings in proceedings conducted pursuant to section 291D-5(d)(10)

Breakdown of Chapter 291. Traffic Rules and Provisions

Chapter 291 of the Hawaii Revised Statutes can be roughly divided into 12 parts identified by Roman numeral in the statutes

• I. General Provisions
• II. Accidents and Traffic Reports
• III. Obedience to and Effect of Traffic Laws
• IV. Traffic Signs, Symbols, and Markings
• V. Driving on the Roadway
• VI. Right of Way
• VII. Pedestrians Rights and Duties
• VIII. Turning and Starting and Signals on Stopping and Turning
• IX. Special Stops Required
• X. Speed Restrictions
• XI. Stopping, Standing, and Parking
• XII. Miscellaneous Rules

Mapping of Chapter 291 to § 607-4 Fees

§ 607 provision	Chapter 291 applicable section
§ 607-4.7 ... "traffic citations that involve stopping (when prohibited), standing, or parking"	XI. Stopping, Standing, and Parking
§ 607-4.8 Administrative costs associated with the processing of traffic citations which do not involve stopping, standing, or parking…	all other provisions of 291C (see above)
§ 607-4.9 Administrative costs associated with the processing of traffic citations issued for violations of a statute or ordinance relating to vehicles or their drivers, or owners, except those as provided by paragraphs (7) and (8)	principally Chapter 291E. Use of Intoxicants While Operating a Vehicle