287-20 Proof of financial responsibility required upon conviction of certain offenses. (a) Whenever a driver's license has been suspended or revoked:

(1) Pursuant to section 291E-65 or part III of chapter 291E, except as provided in section 291E-41(f);

(2) Upon a conviction of any offense pursuant to law, except where the conduct giving rise to the instant offense is also a violation of part III of chapter 291E and a requirement to furnish and maintain proof of financial responsibility has already been imposed pursuant to that part; or

(3) In the case of minors, pursuant to part V of chapter 571,

the license shall not at any time thereafter be issued to the person whose license has been suspended or revoked, nor shall the person thereafter operate a motor vehicle, unless and until the person has furnished and thereafter maintains proof of financial responsibility; provided that this section shall not apply to a license suspended or revoked pursuant to section 291E-61(b)(1) or 291E-64(b)(1), any conviction of a moving violation, any administrative license suspension pursuant to chapter 291A, or the first conviction within a five-year period for driving without a valid motor vehicle insurance policy.

This subsection shall not apply to a suspension or revocation of a provisional license under section 286-102.6(d).

(b) Whenever by reason of a conviction of, or adjudication under part V of chapter 571 by reason of, any of the offenses listed in this subsection, under the laws of the State or ordinances of any county, a court of competent jurisdiction has discretion to revoke or suspend a driver's license but does not revoke or suspend the license, the administrator nevertheless, after the expiration of thirty days from the date of conviction or adjudication, shall suspend the license and shall keep the license suspended, and the person so convicted or adjudicated shall not thereafter operate a motor vehicle, unless and until the person so convicted or adjudicated furnishes and thereafter maintains proof of financial responsibility. The offenses referred to are:

(1) Reckless or inattentive driving, operating a vehicle while under the influence of an intoxicant, driving while under the influence of intoxicating liquor, driving while under the influence of drugs, and driving while that person's license has been suspended or revoked, and operating a vehicle after license and privilege to operate a vehicle have been suspended or revoked, except when a person's license has been suspended or revoked for the first conviction of driving without a motor vehicle insurance policy; and

(2) Conviction or adjudication under part V of chapter 571 by reason of any moving violation offense involving a motor vehicle if the motor vehicle is in any manner involved in an accident in which any person is killed or injured, or in which damage to property results to an apparent extent in excess of $3,000 and there are reasonable grounds for the administrator to believe that the defendant is at fault.

(c) If any person, at any time of conviction of, or adjudication under part V of chapter 571 by reason of, any of the offenses in this section, does not hold a valid driver's license, no license shall at any time thereafter be issued to the person unless and until the person furnishes and thereafter maintains proof of financial responsibility, unless otherwise specified in this section. [L 1949, c 393, pt of 1; am L 1951, c 185, 1; am L 1953, c 75, 1; RL 1955, 160-98; am L 1959, c 219, 1; HRS 287-20; am L 1970, c 164, 3; am L 1977, c 23, 5; am L 1978, c 78, 1; am L 1980, c 84, pt of 1; am L 1982, c 210, 6; am L 1984, c 110, 3; am L 1985, c 195, 2; am L 1990, c 39, 3; am L Sp 1991, c 1, 17; am L 1993, c 135, 3; am L 1994, c 197, 1; am L 1995, c 226, 8; am L 1996, c 20, 2; am L 1997, c 102, 4 and c 251, 10; am L 1998, c 299, 1; am L 1999, c 109, 1; am L 2000, c 189, 25; am L 2007, c 74, 2; am L 2008, c 171, 15, 20; am L 2009, c 11, 17 as superseded by c 88, 13; am L 2010, c 166, 4; am L 2012, c 327, 6]

 

 

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