(a) A district court judge sitting in the traffic and emergency period division and hearing cases pursuant to this chapter shall have all the powers of a district court judge under chapter 604, including the following powers:
Terms Used In Hawaii Revised Statutes 291D-12
Emergency period infraction: means all occurrences of noncompliance with rules adopted by the governor or a mayor pursuant to chapter 127A, which are stated and designated in the rule as being an emergency period infraction. See Hawaii Revised Statutes 291D-2
Hearing: means a proceeding conducted by the district court pursuant to § 291D-8 at which the person to whom a notice of traffic infraction or notice of emergency period infraction was issued either admits to the infraction, contests the notice of traffic infraction or notice of emergency period infraction, or admits to the traffic infraction or emergency period infraction but offers an explanation to mitigate the monetary assessment imposed. See Hawaii Revised Statutes 291D-2
Traffic infraction: means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter. See Hawaii Revised Statutes 291D-2
(1) To conduct traffic infraction and emergency period 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 or notice of emergency period 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 approve the issuance or renewal of a driver’s license or instruction permit pursuant to section 286-109(c);(6) To issue penal summonses and bench warrants and initiate contempt of court proceedings in proceedings conducted pursuant to § 291D-13;(7) To issue penal summonses and bench warrants and initiate failure to appear proceedings in proceedings conducted pursuant to section 291D-5(d)(10); and(8) To exercise other powers the court finds necessary and appropriate to carry out the purposes of this chapter.(b) A district court judge sitting in the traffic and emergency period division and hearing cases pursuant to this chapter shall not order the director of finance to withhold issuing or renewing the driver’s license, or registering, renewing the registration of, or issuing the 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.
