436M-1 Definitions
436M-2 Bond
436M-3 Records and reports
436M-4 False alarms; reporting
436M-5 Maintenance
436M-6 Audible alarm systems
436M-7 Automatic telephone dialers
436M-8 Activation
436M-9 Restitution
436M-10 Penalty

Terms Used In Hawaii Revised Statutes > Chapter 436M

  • Act: means the Hawaiian Homes Commission Act of 1920, as amended. See Hawaii Revised Statutes 674-2
  • 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 section 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-1
  • Alarm business: means any individual, corporation, or other business entity that engages in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system in or on any building, place, or premises, except motor vehicles. See Hawaii Revised Statutes 436M-1
  • Alarm system: means any device that is designed for the detection of an unauthorized entry into any building, place, or premises, except motor vehicles, or for alerting others to the commission of an unlawful act, or both, and that emits a sound or transmits a signal or message when activated. See Hawaii Revised Statutes 436M-1
  • Alcohol: means ethanol or any substance containing ethanol. 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.
  • Audible alarm system: means any alarm system that emits a sound when activated. See Hawaii Revised Statutes 436M-1
  • Automatic telephone dialer: means any alarm system that, when activated, dials a programmed telephone number and, when the telephone is answered, plays a recorded message informing the listener of an unauthorized entry or unlawful act. See Hawaii Revised Statutes 436M-1
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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
  • 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • 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. See Hawaii Revised Statutes 291E-1
  • Drug 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 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 drug content in the person's blood or urine;

         (4)  Any conviction in this State for operating or being in physical control of a vehicle while having an unlawful drug content in the blood or urine or while under the influence of drugs; 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 drug content in the blood or urine or while under the influence of drugs. See Hawaii Revised Statutes 291E-1

  • 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.
  • False alarm: means any alarm activation that is communicated to the police but that is not in response to an actual or threatened criminal act. See Hawaii Revised Statutes 436M-1
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Household member: means :

         (1)  Persons who reside in the same dwelling unit as the respondent; or

         (2)  Persons under twenty-one years of age who are related to the respondent by marriage, blood, or adoption, regardless of whether they reside in the same dwelling unit with the respondent. 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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.
  • 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

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • 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
  • 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
  • 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
  • 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.
  • Repeat intoxicated driver: means a person who previously:

         (1)  Has been convicted, during the five years preceding the date of arrest, of one or more violations under:

              (A)  Section 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-1

  • Respondent: means a person to whom a notice of administrative revocation has been issued following an arrest for a violation of section 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.
  • 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
  • Statute: A law passed by a legislature.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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

  • Vessel: means all description of watercraft that are used or are capable of being used as a means of transportation on or in the water. See Hawaii Revised Statutes 291E-1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.