Terms Used In Hawaii Revised Statutes > Chapter 291E > Part IV - Prohibited Conduct

• Administrative revocation: means termination of the respondent's license, and the privilege to operate a vessel underway on or in the waters of the State pursuant to part III, but does not include any revocation imposed under § 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alcohol: means ethanol or any substance containing ethanol. See Hawaii Revised Statutes 291E-1
• Alcohol concentration: means either grams of alcohol per one hundred milliliters or cubic centimeters of blood or grams of alcohol per two hundred ten liters of breath. See Hawaii Revised Statutes 291E-1
• Alcohol enforcement contact: means :
  (1) Any administrative revocation ordered pursuant to part III;
  (2) Any administrative revocation ordered pursuant to part XIV of chapter 286, as that part was in effect on or before December 31, 2001;
  (3) Any suspension or revocation of any license or any suspension or revocation of a privilege to operate a vessel underway imposed by this or any other state or federal jurisdiction for refusing to submit to a test for alcohol concentration;
  (4) Any conviction in this State for operating or being in physical control of a vehicle while having an unlawful alcohol concentration or while under the influence of alcohol; or
  (5) Any conviction in any other state or federal jurisdiction for an offense that is comparable to operating or being in physical control of a vehicle while having an unlawful alcohol concentration or while under the influence of alcohol. See Hawaii Revised Statutes 291E-1
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Certified substance abuse counselor: means any person certified by the department of health pursuant to section 321-193(10), or any other substance abuse specialist or medical practitioner the director of health may appoint to carry out the functions of a certified substance abuse counselor under this chapter. See Hawaii Revised Statutes 291E-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 451A-1
• Director: means the administrative director of the courts or any other person within the judiciary appointed by the director to conduct administrative reviews or hearings or carry out other functions relating to administrative revocation under part III. See Hawaii Revised Statutes 291E-1
• Drug: means any controlled substance, as defined and enumerated in schedules I through IV of chapter 329, or its metabolites, or any substance that, when taken into the human body, can impair the ability of a person to operate a vehicle safely. See Hawaii Revised Statutes 291E-1
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hearing aid: means any wearable instrument or device and any parts, attachments, or accessories, including earmold, but excluding batteries and cords, designed or offered for the purpose of aiding or compensating impaired human hearing. See Hawaii Revised Statutes 451A-1
• Highly intoxicated driver: means a person whose measurable amount of alcohol is:
  (1) . See Hawaii Revised Statutes 291E-1
• Ignition interlock device: means a breath alcohol ignition interlock device that is certified pursuant to section 291E-6 and rules adopted thereunder that, when affixed to the ignition system of a motor vehicle, prevents the vehicle from being started without first testing, and thereafter from being operated without periodically retesting, a deep-lung breath sample of the person required to use the device that indicates the person's alcohol concentration is less than . See Hawaii Revised Statutes 291E-1
• Impair: means to weaken, to lessen in power, to diminish, to damage, or to make worse by diminishing in some material respect or otherwise affecting in an injurious manner. See Hawaii Revised Statutes 291E-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intestate: Dying without leaving a will.
• Intoxicant: means alcohol or any drug, as defined in this section. See Hawaii Revised Statutes 291E-1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law enforcement officer: means any public servant, whether employed by the State, a county, or by the United States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, and includes a conservation and resources enforcement officer as specified in section 199-3. See Hawaii Revised Statutes 291E-1
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State and includes:
  (1) Any learner's permit or instruction permit;
  (2) The privilege of any person to operate a motor vehicle, regardless of whether the person holds a valid license;
  (3) Any nonresident's operating privilege; and
  (4) The eligibility, including future eligibility, of any person to apply for a license or privilege to operate a motor vehicle. See Hawaii Revised Statutes 291E-1
• Lien: A claim against real or personal property in satisfaction of a debt.
• Measurable amount of alcohol: means a test result equal to or greater than . See Hawaii Revised Statutes 291E-1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• notice: means the written notice issued to the respondent pursuant to section 291E-33. See Hawaii Revised Statutes 291E-1
• Number plates: refer to the number plates or special number plates, which are commonly known as license plates, that are issued under sections 249-9, 249-9. See Hawaii Revised Statutes 291E-1
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway or to navigate or otherwise use or assume physical control of a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
• Operator: means a person who drives or assumes actual physical control of a vehicle or a person who operates, navigates, or who has an essential role in the operation of a vessel underway. See Hawaii Revised Statutes 291E-1
• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Privilege: refers to the authority to operate a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Respondent: means a person to whom a notice of administrative revocation has been issued following an arrest for a violation of § 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sale: means any transfer of title, interest, or possession except transactions with distributors or dealers. See Hawaii Revised Statutes 451A-1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: means : any state or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico; the United States Virgin Islands; American Samoa; Guam; any province or territory of the Dominion of Canada; and the Commonwealth of the Northern Mariana Islands, except when the word, in context, clearly refers to the State of Hawaii. See Hawaii Revised Statutes 291E-1
• Substance: means any plant, medication, poison, natural or synthetic chemical, or any compound or combination of these, and includes but is not limited to central nervous system depressants, central nervous systems stimulants, hallucinogens, dissociative anesthetics, narcotic analgesics, inhalants, and cannabis. See Hawaii Revised Statutes 291E-1
• Substance abuse: means the use or misuse of alcohol, any drug on schedules I through IV of chapter 329, or any substance as defined in this section, to any extent deemed deleterious or detrimental to the user, to others, or to society. See Hawaii Revised Statutes 291E-1
• Temporary permit: means that portion of the notice of administrative revocation that, when completed by a law enforcement officer, permits the respondent to operate a vehicle for thirty days in the case of an alcohol related offense and forty-four days in the case of a drug related offense or until such time as the director may establish under part III. See Hawaii Revised Statutes 291E-1
• Trustee: A person or institution holding and administering property in trust.
• Under the influence: means that a person:
  (1) Is under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;
  (2) Is under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;
  (3) Has . See Hawaii Revised Statutes 291E-1
• Valid license: means a license that:
  (1) Is issued by an authorized licensing official in any state;
  (2) Authorizes an individual to operate a motor vehicle on public streets, roads, or highways; and
  (3) Has not expired or been revoked, suspended, or canceled. See Hawaii Revised Statutes 291E-1
• Vehicle: includes a:
  (1) Motor vehicle;
  (2) Moped; and
  (3) Vessel. See Hawaii Revised Statutes 291E-1
• Verdict: The decision of a petit jury or a judge.