801-1 Indictment or information
801-2 Witnesses; defense
801-3 Jury list, witnesses
801-4 Fees not payable by defendant

Terms Used In Hawaii Revised Statutes > Chapter 712 > 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
  • 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.
  • 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.
  • 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
  • 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.
  • 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.
  • 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
  • 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
  • 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
  • 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.