Report Title:

Traffic Infractions; License Revocation

 

Description:

Requires license revocation for a minimum of 5 years and a maximum of 10 years for driver who is determined to have committed 5 or more traffic infractions relating to traffic movement and control arising out of separate incidents within the preceding 5-year period.  Effective 1/1/09.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2560

TWENTY-FOURTH LEGISLATURE, 2008

 

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.  The legislature finds that Hawaii once had a driver's license point system that assessed drivers a set number of points for each traffic violation committed by the driver.  This system required suspension or revocation of a driver's license upon accumulation of a certain number of points within a specified period of time.  However, the driver's license point system was repealed in 1997 as part of the effort to streamline disposition of traffic cases and minimize the time needed for drivers and the courts to resolve what, taken in isolation, are relatively minor offenses.  As a result, some drivers who could have had their licenses suspended or revoked by action of either the courts or the county examiner of licenses have been allowed to continue driving, sometimes with disastrous consequences.

     The legislature finds that, for example, on June 20, 2007, a driver with ten traffic infractions since 2001, including speeding, unsafe lane change, failure to stop when emerging from an alley, and various other, moving violations, swerved off Kalakaua Avenue in Waikiki at 4:00 a.m. and struck two men on the sidewalk waiting to go to work.  The driver's vehicle hit a utility pole, pinning the two men under the vehicle and hitting a third man.  The driver was not hurt but was charged with driving under the influence of intoxicants and negligent injury.

     The purpose of this Act is to protect the public by ensuring that persons who accumulate five or more moving violations within a five-year period will have their licenses revoked for minimum of five years and a maximum of ten years.

     SECTION 2.  Section 286-124, Hawaii Revised Statutes, is amended to read as follows:

     "§286-124  Mandatory revocation of license by a court.  (a)  Any court of competent jurisdiction shall forthwith revoke the license of any driver upon a conviction of the driver of manslaughter resulting from the operation of a motor vehicle.

     (b)  Any court of competent jurisdiction shall forthwith revoke, for a minimum of five years and a maximum of ten years, the license of any driver if the court finds that the driver has committed five or more traffic infractions involving violations of statutes, ordinances, or rules relating to traffic movement and control arising out of separate incidents occurring within the preceding five-year period.  For the purposes of this subsection, multiple traffic infractions arising from the same course of conduct shall be considered a single traffic infraction."

     SECTION 3.  Section 291D-5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The notice of traffic infraction shall include the following:

     (1)  A statement of the specific traffic infraction for which the notice was issued;

     (2)  Except in the case of parking-related traffic infractions, a brief statement of the facts;

     (3)  A statement of the total amount to be paid for each traffic infraction, which amount shall include any fee, surcharge, or cost required by statute, ordinance, or rule, and any monetary assessment, established for the particular traffic infraction pursuant to section 291D-9, to be paid by the driver or registered owner of the vehicle, which shall be uniform throughout the State;

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

     (5)  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 twenty-one days of issuance of the notice;

     (6)  A statement that, if the person:

          (A)  Admits a traffic infraction;

          (B)  Admits the traffic infraction but seeks to explain mitigating circumstances; or

          (C)  Fails to answer a notice of traffic infraction;

          when the traffic infraction involves a violation of statutes, ordinances, or rules relating to traffic movement and control and the person has committed four or more traffic infractions involving violations of statutes, ordinances, or rules relating to traffic movement and control arising out of separate incidents occurring within the preceding five-year period, the person's driver's license shall be revoked for a minimum of five years and a maximum of ten years;

    [(6)] (7)  A statement that failure to answer the notice of traffic infraction within twenty-one days of issuance shall result in the entry of judgment by default for the State and may result in the assessment of a late penalty, and, that if the person to whom the notice was issued fails to pay the total amount specified in the default judgment within an additional thirty days or to otherwise take action to set aside the default, notice shall be sent to the director of finance of the appropriate county:

         (A)  That the person to whom the notice of infraction not involving parking was issued shall not be permitted to renew or obtain a driver's license; or

         (B)  Where the notice was issued to a motor vehicle, that the registered owner shall 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, except as provided in section 291D-10(b);

    [(7)] (8)  A statement that, at a hearing requested to contest the notice of traffic infraction conducted pursuant to section 291D-8, no officer shall be present unless the driver timely requests the court to have the officer present, and that 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;

    [(8)] (9)  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 shall be considered to have committed the traffic infraction[;] and that there shall be no appeal from the court's decision;

    [(9)] (10)  A space in which the signature of the person to whom the notice was issued may be affixed; and

   [(10)] (11)  The date, time, and place at which the person to whom the notice was issued must appear in court, if the person is required by the notice to appear in person at the hearing."

     SECTION 4.  Section 291D-7, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  When an admitting answer is received, the court shall enter judgment in favor of the State in the total amount specified in the notice of traffic infraction.  If the total amount is not submitted with the answer, the court may take action as provided in section 291D-10.  If the court finds that the driver has committed five or more traffic infractions involving violations of statutes, ordinances, or rules relating to traffic movement and control arising out of separate incidents occurring within the preceding five-year period, the court shall revoke the person's driver's license for a minimum of five years and a maximum of ten years.  The court shall mail a notice of entry of judgment to the address provided by the person when the notice of traffic infraction was issued, notify the person of the revocation and its length, and notify the person that the driver's license must be surrendered as required by section 286-122(a)."

     2.  By amending subsection (c) to read:

     "(c)  When an answer admitting commission of the traffic infraction but seeking to explain mitigating circumstances is received, the court shall proceed as follows:

     (1)  In the case of a traffic infraction where the person requests a hearing at which the person will appear in person to explain mitigating circumstances, the court shall notify the person in writing of the date, time, and place of hearing to explain mitigating circumstances.  The notice of hearing shall be mailed to the address stated in the answer, or if none is given, to the address stated on the notice of traffic infraction.  The notification also shall advise the person that, if the person fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, that the total amount stated in the default judgment must be paid within thirty days of entry of default judgment, and, if it is not paid, that the court shall take action as provided in section 291D-10; and

     (2)  If a written explanation is included with an answer admitting commission of the infraction, the court shall enter judgment for the State and, after reviewing the explanation, determine the total amount of the monetary assessments, fees, surcharges, or costs to be assessed, if any.  The court shall then notify the person of the total amount to be paid for the infraction, if any.  If the court finds that the driver has committed five or more traffic infractions involving violations of statutes, ordinances, or rules relating to traffic movement and control arising out of separate incidents occurring within the preceding five-year period, the court shall revoke the person's driver's license for a minimum of five years and a maximum of ten years, as required by section 286-124(b), notify the person of the revocation and its length, and notify the person that the driver's license must be surrendered as required by section 286-122(a).  There shall be no appeal from the judgment.  If the court assesses an amount for monetary assessments, fees, surcharges, or costs, the court shall also notify the person that the total amount shall be paid within thirty days of entry of judgment.  The notice of entry of judgment also shall inform the person that if the total amount is not paid within thirty days, the court shall take action as provided in section 291D-10."

     3.  By amending subsection (e) to read:

     "(e)  Whenever judgment by default in favor of the State is entered, the court shall mail a notice of entry of default judgment to the address provided by the person when the notice of traffic infraction was issued or, in the case of parking infractions, to the address stated in the answer, if any, or the address at which the vehicle is registered.  If the court has revoked the person's driver's license as required by section 286-124(b), the notice of entry of default judgment shall notify the person of the revocation and its length and that the driver's license must be surrendered as required by section 286‑122(a).  The notice of entry of default judgment shall advise the person that the total amount specified in the default judgment shall be paid within thirty days of entry of default judgment and shall explain the procedure for setting aside a default judgment.  The notice of entry of default judgment shall also inform the person that if the total amount is not paid within thirty days, the court shall take action as provided in section 291D-10.  Judgment by default for the State entered pursuant to this chapter may be set aside pending final disposition of the traffic infraction upon written application of the person and posting of an appearance bond equal to the amount of the total amount specified in the default judgment and any other assessment imposed pursuant to section 291D-9.  The application shall show good cause or excusable neglect for the person's failure to take action necessary to prevent entry of judgment by default.  Upon receipt of the application and required appearance bond, the court shall take action to remove the restriction placed on the person's driver's license or the motor vehicle's registration and title imposed pursuant to section 291D-10.  Thereafter, the court shall determine whether good cause or excusable neglect exists for the person's failure to take action necessary to prevent entry of judgment by default.  If so, the application to set aside default judgment shall be granted, the default judgment shall be set aside, and the notice of traffic infraction shall be disposed of pursuant to this chapter.  If not, the application to set aside default judgment shall be denied, the appearance bond shall be forfeited and applied to satisfy amounts due under the default judgment, and the notice of traffic infraction shall be finally disposed.  In either case, the court shall determine the existence of good cause or excusable neglect and notify the person of its decision on the application in writing."

     SECTION 5.  Section 291D-12, Hawaii Revised Statutes, is amended to read as follows:

     "§291D-12  Powers of the district court judge sitting in the traffic division.  A district court judge sitting in the traffic division and hearing cases pursuant to this chapter shall have all the powers of a district court judge under chapter 604, including the following powers:

     (1)  To conduct traffic infraction hearings and to impose monetary assessments;

     (2)  To permit deferral of monetary assessment or impose community service in lieu thereof;

     (3)  To dismiss a notice of traffic infraction, with or without prejudice, or to set aside a judgment for the State;

     (4)  To order temporary driver's license suspension, driver's license revocation, or driver's license reinstatement;

     (5)  To order the director of finance not to issue or renew the driver's license, or to register, renew the registration of, or issue title to a motor vehicle, of any person who has not paid a monetary assessment, has not performed community service in lieu thereof, or has not otherwise satisfied a judgment for the State entered pursuant to this chapter;

     (6)  To approve the issuance or renewal of a driver's license or instruction permit pursuant to section 286‑109(c);

     (7)  To issue penal summonses and bench warrants and initiate contempt of court proceedings in proceedings conducted pursuant to section 291D-13;

     (8)  To issue penal summonses and bench warrants and initiate failure to appear proceedings in proceedings conducted pursuant to section 291D-5(d)(10); and

     (9)  To exercise other powers the court finds necessary and appropriate to carry out the purposes of this chapter."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on January 1, 2009.

 

INTRODUCED BY:

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