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

(b)  No nolle prosequi shall be entered in anycase involving a violation of the traffic laws or ordinances of the State or ofthe several counties and no case or any charge arising therefrom shall bestricken, amended, or reduced, except by consent of the court upon motion ofthe prosecuting attorney stating the reasons therefor.  The court may deny themotion 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.  71H. 419, 794 P.2d 1115.