Hearings
HRS §291D-8
in effect291D-8. Hearings
(a) In proceedings to contest a notice of traffic infraction or notice of emergency period infraction where the person to whom the notice was issued has timely requested a hearing and appears at such hearing:
(1) In lieu of the personal appearance by the officer
who issued the notice of traffic infraction or notice of emergency period
infraction, the court shall consider the notice of traffic infraction or notice
of emergency period infraction, and any other written report made by the
officer, if provided to the court by the officer, together with any oral or
written statement by the person to whom the notice of infraction was issued, or
in the case of traffic infractions involving parking or equipment, the operator
or registered owner of the motor vehicle;
(2) The court may compel by subpoena the attendance
of the officer who issued the notice of traffic infraction or notice of
emergency period infraction, and other witnesses from whom it may wish to hear;
(3) The standard of proof to be applied by the court
shall be whether, by a preponderance of the evidence, the court finds that the
traffic infraction or emergency period infraction was committed; and
(4) After due consideration of the evidence and
arguments, if any, the court shall determine whether commission of the traffic
infraction or emergency period infraction has been established. Where the
commission of the traffic infraction or emergency period infraction has not
been established, judgment in favor of the defendant, dismissing the notice of
traffic infraction or notice of emergency period infraction or any count
therein with prejudice, shall be entered in the record. Where it has been
established that the traffic infraction or emergency period infraction was
committed, the court shall enter judgment in favor of the State and shall
assess a monetary assessment pursuant to section 291D-9, together with any
fees, surcharges, or costs. The court also shall inform the person of the
right to request a trial pursuant to section 291D-13. If the person requests a
trial at the time of the hearing, the court shall provide the person with the
trial date as soon as practicable.
(b) In proceedings to explain mitigating
circumstances where the person to whom the notice of traffic infraction or
notice of emergency period infraction was issued has timely requested a hearing
and appears at such hearing:
(1) The procedure shall be limited to the issue of
mitigating circumstances. A person who requests to explain the circumstances
shall not be permitted to contest the notice of traffic infraction or notice of
emergency period infraction;
(2) After the court has received the explanation, the
court shall enter judgment in favor of the State and may assess a monetary
assessment pursuant to section 291D-9, together with any fees, surcharges, or
costs;
(3) The court, after receiving the explanation, may
vacate the admission and enter judgment in favor of the defendant, dismissing
the notice of traffic infraction, notice of emergency period infraction, or any
count therein with prejudice, where the explanation establishes that the
infraction was not committed; and
(4) There shall be no appeal from the judgment.
(c) If a person for whom a hearing has been
scheduled, to contest the notice of traffic infraction or notice of emergency
period infraction, or to explain mitigating circumstances, fails to appear at
the hearing, the court shall enter judgment by default for the State and take
action as provided in section 291D-7(e).
[L 1993, c 214, pt of §2; am L 1997, c
60, §11; am L 2007, c 85, §7; am L 2020, c 59, §5; am L 2021, c 185, §11]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291D/HRS_0291D-0008.htmFetched: 11/10/2026