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

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

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

(d)  Upon determination and order by a districtjudge that a person has violated traffic laws of the State or ordinances of itscounties with such frequency as to indicate a disrespect for such laws or ordinancesand a disregard for the safety of other persons on the highways within atwelve-month period, the licensee shall report in person for a review of thelicensee's driving record with the judge as directed by the judge if thelicensee is present in court.  If the licensee is not present in court when thedistrict judge makes a determination and order that the licensee has violatedtraffic laws of the State or ordinances of its counties with such frequency asto indicate a disrespect for such laws or ordinances and a disregard for thesafety of other persons on the highways within a twelve-month period and isdirected 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 bycertified mail, return receipt requested, to addressee only, that the licenseeis directed to report in person, within fifteen days after receipt of thenotice to report, for a review of the licensee's driving record with thejudge.  At the review, the judge may order a licensee who has violated trafficlaws of the State or ordinances of its counties with such frequency as toindicate a disrespect for such laws or ordinances and a disregard for thesafety of other persons on the highways within a twelve-month period to attenda course of instruction in driving retraining by a designated driver instructoror driver training school.  Any person who fails to report in person for areview of the person's driving record with the judge as required by this subsectionor who fails to attend a course of instruction in driver retraining pursuant tothe order of the judge as required by this subsection shall be fined not morethan $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 affectstandard of guilt under §291-1.  46 H. 345, 379 P.2d 592.