§286-128  Evaluation of nonresident driving
privileges; reports of outside convictions; reports of convictions by
courts-martial or United States commissioners. (a)  Nonresident privilege
of driving a motor vehicle.  The privilege of driving a motor vehicle on the
highways of this State and the several counties, given to a nonresident under
the laws of this State, shall be subject to suspension by the district judge in
like manner, and for like cause, the same as a driver's license issued by this
State may be suspended.



(b)  Reports of outside convictions; recording
against drivers.  The district judges of each county shall enter into
reciprocal agreements with the proper agency of any other county and the
governor of the State may enter into such agreements with any state or
territory for the purpose of reporting convictions or bail forfeitures in such
county, state, or territory by a person holding a driver's license in such
county, state, or territory.  Such convictions or bail forfeitures in such county,
state, or territory of a violation therein which if committed in this State
would be a violation of the traffic laws of this State or the ordinances of the
several counties, shall be recorded against a driver the same as if the
conviction or bail forfeiture had been made in the State.



(c)  Reports of convictions by courts-martial
or United States commissioners; recording against drivers.  Convictions by
courts-martial of any of the various branches of the armed forces of the United
States or by a United States commissioner of a violation either on or off
government property which, if committed in this State, would be a violation of
the traffic laws of this State or the ordinances of the several counties, may
be recorded against a driver the same as if the conviction had been in the
courts of this State.



(d)  Upon determination and order by a district
judge that a person has violated traffic laws of the State or ordinances of its
counties with such frequency as to indicate a disrespect for such laws or ordinances
and a disregard for the safety of other persons on the highways within a
twelve-month period, the licensee shall report in person for a review of the
licensee's driving record with the judge as directed by the judge if the
licensee is present in court.  If the licensee is not present in court when the
district judge makes a determination and order that the licensee has violated
traffic laws of the State or ordinances of its counties with such frequency as
to indicate a disrespect for such laws or ordinances and a disregard for the
safety of other persons on the highways within a twelve-month period and is
directed to report in person for a review of the licensee's driving record,
then the clerk of the district court shall notify the licensee in writing by
certified mail, return receipt requested, to addressee only, that the licensee
is directed to report in person, within fifteen days after receipt of the
notice to report, for a review of the licensee's driving record with the
judge.  At the review, the judge may order a licensee who has violated traffic
laws of the State or ordinances of its counties with such frequency as to
indicate a disrespect for such laws or ordinances and a disregard for the
safety of other persons on the highways within a twelve-month period to attend
a course of instruction in driving retraining by a designated driver instructor
or driver training school.  Any person who fails to report in person for a
review of the person's driving record with the judge as required by this subsection
or who fails to attend a course of instruction in driver retraining pursuant to
the order of the judge as required by this subsection shall be fined not more
than $100 or shall have the person's license suspended not more than one year,
or both. [L 1961, c 113, pt of §1; Supp, §160-70; am L 1967, c 214, §13; HRS
§286-128; am L 1968, c 48, §3; am L 1970, c 164, §3 and c 188, §39; am L 1973,
c 135, §2; am L 1975, c 139, §1; am L Sp 1977 1st, c 20, §12; am L 1978, c 222,
§§3, 4; gen ch 1985; am L 1993, c 214, §6; am L 1994, c 94, §§1, 2; am L 1997,
c 60, §4]



 



Case Notes



 



  Violations of subsection (a)(2) and (a)(10) do not affect
standard of guilt under §291-1.  46 H. 345, 379 P.2d 592.