§291D-6  Answer required.  (a)  A person who receives a notice of traffic infraction or notice of emergency period infraction shall answer the notice within twenty-one days of the date of issuance of the notice.  There shall be included with the notice of traffic infraction or notice of emergency period infraction a preaddressed envelope directed to the traffic and emergency period violations bureau of the applicable district court.

Terms Used In Hawaii Revised Statutes 291D-6

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • Notice of traffic infraction: includes a notice of parking infraction. 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

     (b)  Provided that the notice of traffic infraction or notice of emergency period infraction does not require an appearance in person at a hearing as set forth in § 291D-5(d)(10), in answering a notice of traffic infraction or notice of emergency period infraction, a person shall have the following options:

     (1)  Admit the commission of the infraction in one of the following ways:

          (A)  By mail or in person, by completing the appropriate portion of the notice of traffic infraction, notice of emergency period infraction, or preaddressed envelope and submitting it to the authority specified on the notice together with payment of the total amount stated on the notice of traffic infraction or notice of emergency period infraction.  Payment by mail shall be in the form of a check, money order, or by an approved credit or debit card.  Payment in person shall be in the form of United States currency, check, money order, or by an approved credit or debit card; or

          (B)  Via the Internet or by telephone, by submitting payment of the total amount stated on the notice of traffic infraction or notice of emergency period infraction.  Payment via the Internet or by telephone shall be by an approved credit or debit card;

     (2)  Deny the commission of the infraction and request a hearing to contest the infraction by completing the appropriate portion of the notice of traffic infraction, notice of emergency period infraction, or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice.  In lieu of appearing in person at a hearing, the person may submit a written statement of grounds on which the person contests the notice of traffic infraction or notice of emergency period infraction, which shall be considered by the court as a statement given in court pursuant to § 291D-8(a); or

     (3)  Admit the commission of the infraction and request a hearing to explain circumstances mitigating the infraction by completing the appropriate portion of the notice of traffic infraction, notice of emergency period infraction, or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice.  In lieu of appearing in person at a hearing, the person may submit a written explanation of the mitigating circumstances, which shall be considered by the court as a statement given in court pursuant to § 291D-8(b).

     (c)  When answering the notice of traffic infraction or notice of emergency period infraction, the person shall affix the person’s signature to the answer and shall state the address at which the person will accept future mailings from the court.  No other response shall constitute an answer for purposes of this chapter.