Knightman

Here guys....here's just a TIDBIT of info from one of thousands of pages that showed up when I googled "Speeding ticket in Hawaii"

Hawaii Speeding Ticket Laws

Posted by Paige

To be a law abiding driver you must be familiar with a few Hawaii Speeding Ticket Laws. I am going to share with you a few rules or the road that may help you stay out of ticket trouble. First, it is good to know the general regulations regarding speed. Hawaii Speeding Ticket Laws state that no driver may operate a motor vehicle at a rate of speed that is not reasonable and prudent to current conditions. As a driver it is your responsibility to maintain a speed in between the minimum and maximum posted speed limit. If you exceed the posted speed limit by ten miles per hour of more a penalty of ten dollars will be assessed to you. Hawaii Speeding Ticket Laws require that the money collected from this fine be added to the neuro-trauma special fund.

Under Hawaii Speeding Ticket Laws those caught driving one hundred miles or more can have their license suspended for up to five years. In order for you to be convicted of a speeding infraction there must be evidence that proves you were driving in an unreasonable manner for the potential or current conditions. All forms of racing are strictly prohibited and those convicted of “drag racing” can have their license revoked and be fined $2,000 or less and may be assessed a prison term. If you manage to get three convictions of exceeding the speed limit by thirty or more miles per hour, within five years, your license can be suspended for three years and you car subject to foreclosure.

According to Hawaii Speeding Ticket Laws anyone caught speeding in a school, construction, maintenance or repair zone will be fined up to $250. It is the responsibility of those in charge of the construction or school zone to posted legible signs.

Knightman

Now, I'm going to highlight the passage that a lawyer will see as 'important' (I know because the Texas law is written the same way):

"Hawaii Speeding Ticket Laws state that no driver may operate a motor vehicle at a rate of speed that is not reasonable and prudent to current conditions."

This states, that even if it goes to a jury trial, the prosecution must PROVE that the rate of speed this guy was traveling was NOT reasonable and prudent to current conditions.

Let me paint a picture for you....(mind you, this is if it actually goes to trial....most never see a trial)

The defense will stand up and look at the jury. He will ask the members of the jury "Have any of you....exceeded the speed posted on the signs on the side of the road?"

Invariably some will say yes.

He will then say "did you feel you were being unreasonable with respect to the conditions?"

And very likely they will say no.

So he will then say "If you feel, that you can be above the posted limit, while still remaining reasonable and prudent with respect to driving conditions, then you have what's called reasonable doubt that my client was speeding under the letter of the law."

He will then read the 'letter of the law' to them. And he will conclude by saying, "Since you've already indicated you have reasonable doubt that my client was speeding, you can not, by law, vote to convict him. And must therefore acquit."

imagin

look down

imagin

Actaully i am rather young in the AF (5 years) BUT ive also lived in hawaii for the last 2 and a half years, and i can tell you the 20mph law was enacted recently to curb street racing. So the article you pulled while prudent, is not the most "up to date".

Its up to the officer that pulls you over weither to tow the car. But they have made the 20mph or 80mph a commonplace law in the state. Its just "selectivly enforced" like the RECON law on oahu....

Just to add an FYI since you were determined that i was "misguided" in living here with the law....


So sorry, ive been told its 20. but same difference, speed in hawaii, you will get screwed if the cop decides to pick you to enforce it.

Nick06tC

You cant base your facts off of part of the aw, you have to read it all:

This means that you must maintain a reasonable speed within the posts maximum and minimum.

And you obviously arent a laywer, or else you would know that if he goes to court, there will be no jury.
There will just be a juge who will ask your lawyer for a plea. Then the lawyer will give his side, the cop will give his, and the judge will make a rulling.
No one will be asked if they sped. The only mention of speed will be hat the cop says you were doing, what the law says you should have been doing, then your lawyer finding a loop hole to try and get you out of it. But since you admitedly sped, that will be hard, unless you commit purgery and say you werent going over 55.

Nick06tC

Oh dear, you must haveno clue about me. 8 years in, SSgt. Will be TSgt after testing.

The common speed law would only take affect if someone else was driving in a manner that would cause IMMEDIATE bodily injury to you, so you had to speed up. HE WAS ALREADY SPEEDING. HE NEVER STATED HE WAS IN DANGER!!
Everyone was speeding, so why would one of them be riving out of control that it would threaten his life??

The law you stated is for the lines of, I was doing 55 in a 55 and a car came out of no where and would have sideswipped me if I hadnt of sped up, THAT IS NOT WHAT HAPPENED!!!
So your logica is correct, but fails miserably because it doesnt fi th facts that th OP stated!!

Knightman

Wrong. It means 'reasonable and prudent' with 'respect to the conditions on the road at the time.

Wrong again. I may not be a lawyer, but after fighting 9 tickets in 4 years, I know a lil something about it, especially since I ask my LAWYER all the questions I have.

You have the RIGHT to ask for a jury trial if you so chose. You can NOT be denied a jury trial if you ask for one. It is a RIGHT.

Don't have to say what speed you were going, you don't even have to take the stand. You just have to say you are not guilty of the offense of speeding.

smokeydog001

What would you expect the American Bar Association to say, "Hire a Plummer?"

Knightman

You really need to look up what the common speed law states. It makes no mention whatsoever of immediate danger. "Common" means "common" not "danger" it talks about how if everyone on the freeway is going 80, you go 80, not 70. Period.

Knightman

I never said I looked it up on the bar association website. Change your bifocals. I said web pages.

There's only one bar association that I'm aware of. It doesn't have thousands of different sites.

Nick06tC

This right here says it all, and I now realiz that there is no chaging or even talking to you about it. If you are that irresponsible to continue to break the law continually after getting caught and falling back on your lawyer, then there is no showing you common sense.

Yes lawyers have te ability to get you out of things, on technicalities, but part of being an adult is doing the right thing and owning up to your mistakes/misfortunes.
Just because you think you are above the law and have your back door way of getting out of it, doesnt mean you should.

9 tickets in 4 years!!!
Come on man, slow down.

Knightman

I drive a reasonable and prudent speed for the conditions of the road. Period.

I suppose you never EVER do so much as one mile over the limit, right?

Give me a break, kiddo. If we were in court, that'd be perjury.

Nick06tC

Whats up with your demeaning crap of calling me young and kiddo? You know nothig about me. I have proved that already.

And if you ever took a moment to read the posts, you will see that I have done the same speed as the OP, but I then go onto state that speeding is like gambling, and if you get caught you have to pay the consequences. And if I was to get caught I would go straight to the courts and pay it.
My speeding is all done in the manner you state, going with the fow of traffic, this does not make it right. Just gives you a sense of security becase the odds are with you that you wont get caught.

So now dad, sit back an keep it to whats at hand and stay away from the demeaning accusations of you being so much older and more intelligent than me.

Knightman

Actually, this reaction just showed me all I need to know about you. You perceived an insult or 'demeaning tone' and you reacted in an inflammatory manner instead of just letting it go. Thanks for provin' my point, junior. Nice NCO material there. When I put on that 4th stripe, I distinctly recall a change in my own demeanor and a significant increase in my ability to let things go that truly don't matter. Words for example. Words are just that....words. I didn't kick your dog, I didn't slap your mom. I just said a single word commonly used to denote youth. You are younger than I am, so you are junior to me. It's that simple. Yet instead of just letting it go by, you freak out about it and call it demeaning and say to knock off the crap. You will one day reach an age where words don't matter to you. And you will be better for it. Hey, it took me awhile too. But I can tell you this....the day I looked at a marine reservist threatening to beat my @$$ over simple inter-service rivalry, and getting more and more angry simply because I wasn't getting angry....that was truly hilarious to me.

This proves you are naive. Don't worry, a lot of young folks are naive. It's nothing to be ashamed of. You learn as you get older. I did too. Back when I was in hawaii, or even before that, any ticket I got, I immediately paid.

And then I learned that is NOT the way the game works. As I've stated before, speed laws are indeed like a game. The cops don't like writing tickets, they feel they have bigger fish to fry. But their bosses say they have to do it. So they do. And if you're cool with the cops, they will OFTEN give you every opportunity to beat the charge. Up to and including not showing up for court, which is an AUTOMATIC DISMISSAL.

In fact, once when I was stopped, I had my wrong insurance card on me. It was like...a week after my new one came in and I just plum forgot to change it out. The cop said to me "I'll just write you up for 5 miles over, and I'll pretend I saw your current insurance card."

He KNEW infractions like that were a waste of his time, but he was following orders and running the speed trap.

Speed laws ARE in fact highly subjective and vary wildly from county to county, state to state and country to country. They are and have always been simply a way to make money. You can choose to willingly contribute to that money-generating system, or you can choose to not.

The simplest point of this thread is this:

To the original poster: It's clear that NO ONE on this thread is a lawyer and therefore cannot advise you on what to do. Lawyers get paid to know the law and in many cases, to get you off. You can do zero harm by hiring a lawyer. It can only help you, if for no other reason than the fact that he knows more about the law than you ever will and is a wealth of information.

Do yourself a favor, at least make a phonecall to a lawyer. Those are free. He can advise you what to do after that.

Nick06tC

Dang, this is the first time I have been called naive and all for wanting to keep something in a mature adult manner. What ever gets you off at night man. If downing people is your way f being an adult and proving a point, then damn, I never want togrow and be as old and mature as you are.
If you think that by downgrading people and trying to prove their lack of inteligence is the way to lead with your stripes, then the military is a better lace without you. Because every quality tat has been instilled upon me has been those of not talking down to people, but talk to people. Something you have ZERO concept of.

And on that Im out. I am to young to converse with you and your infinate wisdom with the 2 extra years you have graced this earth. Please continue to be the great person you are and telling us young ones the flaws of our ways.

There is that better?

Knightman

You continue to prove my point. You've been told already that being young and naive is nothing to be ashamed of and continue to take offense and get agitated. Take deep breaths man, seriously. Now, if you're ashamed of being young and my pointing it out, there's nothing I can do about that. That's something you have to reconcile on your own. I never said one disparaging word about youth. I simply pointed out that you were, in fact, young and naive. Neither of those words are "insulting" words, merely factual.

Also, getting a lawyer and going through legal channels is about the most adult and mature thing you can do. You can't sit there and say "I'm mature, so I paid the fine." Because there are doctors, lawyers, even politicians who go to court rather than pay a fine. Going to court is your LEGAL RIGHT. It was set up that way for a reason. Going to court is not immature. (If you think it is, I'm sure there are several judges and lawyers who would tell you differently.)

I will indeed continue being me. You seem to forget that the main way young people learn, is by the example or mistakes of those who came before them. I have intimate knowledge in this area and I choose to share it in the hopes that someone else doesn't have to learn the same way I did. It's that simple.

Ever heard the expression "If only I knew then what I know now?" There's a reason for that. And that reason is the fundamental basis for teaching people things. Young and inexperiences people will make mistakes, it's the way of the world. If someone a lil older and wiser can save them from some of those mistakes, then in my opinion, they should.

I'm sorry you don't feel that the older ones need to teach the younger ones. I guess I'm glad I'm not one of your troops. Must be hard to learn from a supervisor so unwilling to share his experience and knowledge.

hawaiiguy

come on now...let's all try to get along here...

thispecialk

alrite so i went to the internet paying site for the ticket and i read this


eTraffic Hawai`i



To use eTraffic Hawai`i, you must pay the total of the amounts stated on a citation within 21 days after receiving the citation. The court may enter a default judgment on traffic citations that have not been paid or answered within 21 days after the citation was issued. You have approximately 90 days to pay your default judgment, either via eTraffic, automated telephone (800-679-5949), mail or in person. After 90 days, unpaid judgments $500 or less are sent to a collection agency. Unpaid judgments greater than $500 are sent to the collection agency 180 days after the date the default judgment was entered.



If you are using eTraffic Hawai`i to make a payment, please enter the citation number exactly as it appears on the citation using upper case letters and dashes where appropriate.



The on-line payment system is NOT available if:

More than 90 days have elapsed since the default judgment was entered;
Your citation indicates that you must appear in court for any of the offense(s) charged;
You have appeared in court and were ordered to pay fines, fees, costs, or other monetary assessments; or
Your ticket has not been entered into the system. Since the law enforcement or other officer issuing a citation has 10 calendar days within which to file the citation with the court, it may take 13 calendar days or longer after you receive a citation for the information to be entered into the court's system. If you would like to make a payment before the ticket has been entered into the system, you may pay by mail using the pre-addressed envelope that accompanied the citation or in person at the District Court.

If you wish to use eTraffic Hawai`i, please be sure you are ready to input your traffic or parking citation number and VISA or MasterCard number.


its say the cop has 10 days only to enter it in the system. wat does that mean if its over 10 days im good rite

RodC

No, the officer probably filed the ticket at the end of that working day or at the end of that week. The backlog lies with the court system. It won't show up until the courts process it. Mine took a couple of months to show up.

thispecialk

BUT IT SAYS I GOT 21 DAYS TO PAY IT OLINE THEN I HAVE TO PAY IN PERSON