Report Title:

Traffic Violation Records; Defensive Driving Programs

Description:

Allows driver who has not received a traffic ticket in the preceding 2 years to plead guilty to a traffic infraction and pay a fine but have the record of the violation expunged upon successful completion of a driver's education course.

HOUSE OF REPRESENTATIVES

H.B. NO.

1952

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TRAFFIC INFRACTIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 291D-5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The form for the notice of traffic infraction shall be prescribed by rules of the district court which shall be uniform throughout the State. Except in the case of traffic infractions involving parking, the notice shall include the following:

(1) A statement of the specific traffic infraction, including a brief statement of facts, for which the notice was issued;

(2) A statement of the monetary assessment, established for the particular traffic infraction pursuant to section 291D-9, to be paid by the driver which shall be uniform throughout the State;

(3) A statement of the options provided in section 291D-6(b) for answering the notice and the procedures necessary to exercise the options;

(4) A statement that the person to whom the notice is issued must answer, choosing one of the options specified in section 291D-6(b), within fifteen days;

(5) A statement that failure to answer the notice of traffic infraction within fifteen days shall result in the entry of judgment by default for the State and a late penalty assessed and, if the driver fails to pay the monetary assessment within an additional thirty days or otherwise take action to set aside the default, notice to the director of finance of the appropriate county that the person to whom the notice was issued shall not be permitted to renew or obtain a driver's license or, where the notice was issued to a motor vehicle, the registered owner will not be permitted to register, renew the registration of, or transfer title to the motor vehicle until the traffic infraction is finally disposed of pursuant to this chapter;

(6) A statement that, at a hearing to contest the notice of traffic infraction conducted pursuant to section 291D-8 or in consideration of a written statement contesting the notice of traffic infraction, no officer will be present unless the driver timely requests the court to have the officer present. The standard of proof to be applied by the court is whether a preponderance of the evidence proves that the specified traffic infraction was committed;

(7) A statement that, at a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction or in consideration of a written request for mitigation, the person will be considered to have committed the traffic infraction;

(8) A statement that a person may appear on the date and at the place and time indicated on the notice of traffic infraction to ask that any record of the traffic infraction be expunged if the person:

(A) Has not received a notice of traffic infraction, other than for a traffic infraction involving parking or pedestrian movement, within two years preceding the instant notice of traffic infraction;

(B) Admits the infraction;

(C) Pays any monetary assessment assessed by the court; and

(D) Completes a driver education course meeting the requirements of section 286-108.4, and any rules adopted thereunder, within six months.

[(8)] (9) A space in which the driver's signature, current address, and driver's license number may be affixed; and

[(9)] (10) The date, time, and place at which the driver must appear in court if the driver chooses to go to hearing.

(c) In the case of traffic infractions involving parking, the notice shall be affixed conspicuously to the vehicle as provided in section 291C-167 and shall include the information required by [paragraphs (1)] subsection (b)(1) to [(8) of subsection (b)] (9)."

SECTION 2. Section 291D-6, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) A person who receives a notice of traffic infraction shall answer the notice within fifteen days of the date of the notice[.] or appear on the date and at the time and place specified in the notice of traffic infraction issued pursuant to section 291D-5. There shall be included with the notice of traffic infraction a preaddressed envelope directed to the traffic violations bureau of the applicable district court.

(b) In an answer to a notice of traffic infraction, or at an appearance pursuant to subsection (a), a person shall [either:] respond to the notice by:

(1) [Admit] Admitting the commission of the infraction [by] and, if not appearing in person, completing the appropriate portion of the notice of traffic infraction and submitting it, either by mail or in person, to the authority specified on the notice together with payment, except as provided in section 291D-9(d), in the amount of the monetary assessment stated on the notice of traffic infraction. Payment by mail shall be in the form of a check, money order, or by approved credit card. Payment in person shall be in the form of United States currency, check, money order, or by approved credit card;

(2) [Deny the] Denying commission of the infraction [by] and, if not appearing in person, completing the appropriate portion of the notice of traffic infraction and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of a hearing, the person may submit a written statement of grounds on which the person contests the notice of traffic infraction, which shall be considered by the court as a statement given in court pursuant to section 291D-8(a); [or]

(3) [Admit the] Admitting commission of the infraction and [request] requesting a hearing to explain circumstances mitigating the infraction by completing the appropriate portion of the notice of traffic infraction and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of a hearing, the person may submit a written explanation of the mitigating circumstances, which shall be considered by the court as a statement given in court pursuant to section 291D-8(b)[.]; or

(4) Admitting commission of the infraction, explaining any circumstances in mitigation, and, if eligible, asking for the opportunity to expunge any record of the infraction by completing a driver education course pursuant to subsection 291D-8(c)."

SECTION 3. Section 291D-8, Hawaii Revised Statutes, is amended to read as follows:

"§291D-8 Hearings. (a) In proceedings to contest the issuance of a notice of traffic infractions:

(1) In lieu of the personal appearance by the officer who issued the notice of traffic infraction, the court shall consider the notice of traffic infraction and any other written report made by the officer together with any oral or written statement by the driver, or in the case of traffic infractions involving parking, 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 and other witnesses from whom it may wish to hear;

(3) The standard of proof to be applied by the court shall be whether a preponderance of the evidence proves that the traffic 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 has been established. Where the commission of the traffic infraction has not been established, an order dismissing the notice of traffic infraction with prejudice shall be entered in the records. Where it has been established that the traffic infraction was committed, the court shall enter judgment for the State and may assess a monetary assessment pursuant to section 291D-9. The court also shall inform the person of the right to request, within thirty days, a trial pursuant to section 291D-13. If the person requests a trial at the hearing, the court shall provide the person with the trial date forthwith. If trial is elected, arraignment and plea shall be held at the time of trial.

(b) In proceedings to explain mitigating circumstances:

(1) The procedure shall be informal and shall be limited to the issue of mitigating circumstances. A person who requests to explain the circumstances shall not be permitted to contest the issuance of the notice of traffic infraction; and

(2) After the court has received the explanation, the court shall enter judgment for the State and may assess a monetary assessment, pursuant to section 291D-9; and

(3) The court after receiving the explanation may vacate the admission and dismiss the notice of traffic infraction with prejudice where the explanation establishes that the infraction was not committed; and

(4) There shall be no appeal from the order.

(c) In proceedings to admit the infraction, to explain any mitigating circumstances, and to seek an order expunging any record of the infraction:

(1) The court shall first proceed as in subsection (b);

(2) If the court enters judgment for the State, the court may set a return date, not more than six months later, at which time the court shall enter an order expunging any record of the traffic infraction maintained pursuant to section 286-118, 286-171, or 287-3 upon proof that the person has completed a driver education course meeting the requirements of section 286-108.4, and any rules adopted thereunder, and paid any monetary assessment assessed pursuant to section 291D-9;

(3) A person shall not be eligible for expungement of records pursuant to this subsection if the person has received a notice of traffic infraction, other than for a traffic infraction involving parking or pedestrian movement, within two years preceding the instant notice of traffic infraction; and

(4) There shall be no appeal from the order."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

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