(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:
Terms Used In Hawaii Revised Statutes 291D-8
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
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
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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
Subpoena: A command to a witness to appear and give testimony.
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
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trial: means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence. See Hawaii Revised Statutes 291D-2
(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 § 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 § 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 § 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 answer or failure to answer” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>291D-7(e).
