Trial and concurrent trial
HRS §291D-13
in effect291D-13. Trial and concurrent trial
(a) There shall be no right to trial unless the defendant contests the notice of traffic infraction or notice of emergency period infraction pursuant to section 291D-8. If, after proceedings to contest the notice of traffic infraction or emergency period infraction, a determination is made that the defendant committed the traffic infraction or emergency period infraction, judgment shall enter in favor of the State. The defendant may request a trial pursuant to the Hawaii rules of evidence and the rules of the district court; provided that any request for trial shall be made within thirty days of entry of judgment. If, after appearing in person at a hearing to contest the notice of traffic infraction or notice of emergency period infraction, the person requests a trial at the conclusion of the hearing, the court shall provide the person with the trial date as soon as practicable.
(b) At the time of trial, the State shall be
represented by a prosecuting attorney of the county in which the infraction
occurred. The prosecuting attorney shall orally recite the charged civil
traffic infraction or emergency period infraction in court before commencement
of the trial. Proof of the defendant's commission of the traffic infraction or
emergency period infraction shall be by a preponderance of the evidence.
(c) If trial on the traffic infraction or
emergency period infraction is held before trial on any related criminal
offense, the following shall be inadmissible in the subsequent prosecution or
trial of the related criminal offense:
(1) Any written or oral statement made by the
defendant in proceedings conducted pursuant to section 291D-7(b); and
(2) Any testimony given by the defendant in the
traffic infraction or emergency period infraction trial.
The statement or testimony, or both, shall not be
deemed a waiver of the defendant's privilege against self-incrimination in
connection with any related criminal offense.
(d) In any concurrent trial, the State shall
be represented by a prosecuting attorney of the county in which the infraction
and related crime occurred. Proof of the defendant's commission of the
infraction shall be by a preponderance of the evidence, and proof of the
related criminal offense shall be by proof beyond a reasonable doubt. The
concurrent trial shall be conducted pursuant to the rules of the appropriate
court, the Hawaii rules of evidence, and the Hawaii rules of penal procedure.
[L 1993, c 214, pt of §2; am L 1997, c 60, §13; am L 2007, c 85, §9; am L 2021,
c 185, §14]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291D/HRS_0291D-0013.htmFetched: 11/10/2026