§286-138  Prohibiting "fixing" of
tickets and providing penalties therefor; nolle prosequi by prosecuting
attorney only by motion and approval of court.  (a)  It shall be unlawful
for any person, including any government official or employee of the State or
county, to "fix", "void", change, modify, adjust, tamper
with, or otherwise dispose of any traffic citation, notice, or summons. 
Nothing in this subsection shall be construed to affect the powers of the
judges of the several courts in the exercise of  their judicial functions.  Any
person who intentionally or knowingly violates this subsection shall be guilty
of a class C felony; except that the person shall be fined not less than $1,000
and not more than $10,000.  Any government official or employee of this State
or any county who violates this subsection shall be summarily discharged from
the official's or employee's office or employment.



(b)  No nolle prosequi shall be entered in any
case involving a violation of the traffic laws or ordinances of the State or of
the several counties and no case or any charge arising therefrom shall be
stricken, amended, or reduced, except by consent of the court upon motion of
the prosecuting attorney stating the reasons therefor.  The court may deny the
motion if it deems the reasons insufficient. [L 1961, c 113, pt of §1; Supp,
§160-72; HRS §286-138; am L 1970, c 188, §39; gen ch 1985; am L 1993, c 214,
§8; am L 1997, c 153, §3]



 



Case Notes



 



  Discharge of public employee from employment was valid.  71
H. 419, 794 P.2d 1115.