Arrest or citation
HRS §261-17.5
in effect261-17.5. Arrest or citation
(a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this chapter, including any rule adopted pursuant to this chapter, any person authorized to enforce the provisions of this chapter, hereinafter referred to as an "enforcement officer", upon arresting a person for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, shall in the discretion of the enforcement officer:
(1) Issue to the purported violator a summons or
citation, printed in the form hereinafter described, warning the purported
violator to appear and answer to the charge against the purported violator at a
certain place and at a time within seven days after the arrest; or
(2) Take the purported violator without unnecessary
delay before a district judge.
(b) The summons or citation shall be printed
in a form comparable to the form of other summonses and citations used for
arresting offenders and shall be designed to include all necessary
information. The form and content of the summons or citation shall be adopted
or prescribed by the district courts.
Summonses and citations shall be consecutively
numbered, and the carbon copy or copies of each shall bear the same number.
(c) The original of a summons or citation
shall be given to the purported violator and the other copy or copies
distributed in the manner prescribed by the district courts; provided that the
district courts may prescribe alternative methods of distribution for the
original and any other copies.
(d) Any person who fails to appear at the
place and within the time specified in the summons or citation issued to the
person by the enforcement officer, upon the person's arrest for violation of
any provision of this chapter, including any rule adopted pursuant to this
chapter, shall be guilty of a misdemeanor and, on conviction, shall be fined
not more than $1,000, or be imprisoned not more than six months, or both.
If any person fails to comply with a summons or
citation issued to the person, or if any person fails or refuses to deposit
bail as required, the enforcement officer shall cause a complaint to be entered
against the person and secure the issuance of a warrant for the person's
arrest.
[L 1970, c 151, §1 and c 188, §39; gen ch 1985; am L 2020, c 70, §9]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0261/HRS_0261-0017_0005.htmFetched: 11/10/2026