ยง287-20 - Proof of financial responsibility required upon conviction of certain offenses.
ยง287-20ย Proof of financial responsibility
required upon conviction of certain offenses.ย (a)ย [Repeal and
reenactment on December 31, 2010.ย L 2009, c 11, ยง17 as superseded by c
88, ยง13.]ย Whenever a driver's license has been suspended or
revoked:
(1)ย Pursuant to section 291E-65 or part III of
chapter 291E, except as provided in section 291E-41(f);
(2)ย Upon a conviction of any offense pursuant to law;
or
(3)ย In the case of minors, pursuant to part V of
chapter 571,
the license shall not at any time thereafter be
issued to the person whose license has been suspended or revoked, nor shall the
person thereafter operate a motor vehicle, unless and until the person has
furnished and thereafter maintains proof of financial responsibility; provided
that this section shall not apply to a license suspended pursuant to section
291E-61(b)(1) or (b)(2) or section 291E-64(b)(1), any conviction of a moving
violation, any administrative license suspension pursuant to chapter 291A, or
the first conviction within a five-year period for driving without a valid
motor vehicle insurance policy.
This subsection shall not apply to a suspension
or revocation of a provisional license under section 286-102.6(d).
(b)ย Whenever by reason of a conviction of, or
adjudication under part V of chapter 571 by reason of, any of the offenses
listed in this subsection, under the laws of the State or ordinances of any
county, a court of competent jurisdiction has discretion to revoke or suspend a
driver's license but does not revoke or suspend the license, the administrator
nevertheless, after the expiration of thirty days from the date of conviction
or adjudication, shall suspend the license and shall keep the license
suspended, and the person so convicted or adjudicated shall not thereafter
operate a motor vehicle, unless and until the person so convicted or
adjudicated furnishes and thereafter maintains proof of financial
responsibility.ย The offenses referred to are:
(1)ย Reckless or inattentive driving, operating a
vehicle while under the influence of an intoxicant, driving while under the
influence of intoxicating liquor, driving while under the influence of drugs,
and driving while that person's license has been suspended or revoked, and
operating a vehicle after license and privilege to operate a vehicle have been
suspended or revoked, except when a person's license has been suspended or
revoked for the first conviction of driving without a motor vehicle insurance
policy; and
(2)ย Conviction or adjudication under part V of
chapter 571 by reason of any moving violation offense involving a motor vehicle
if the motor vehicle is in any manner involved in an accident in which any
person is killed or injured, or in which damage to property results to an
apparent extent in excess of $3,000 and there are reasonable grounds for the
administrator to believe that the defendant is at fault.
(c)ย If any person, at any time of conviction
of, or adjudication under part V of chapter 571 by reason of, any of the
offenses in this section, does not hold a valid driver's license, no license
shall at any time thereafter be issued to the person unless and until the
person furnishes and thereafter maintains proof of financial responsibility,
unless otherwise specified in this section. [L 1949, c 393, pt of ยง1; am L
1951, c 185, ยง1; am L 1953, c 75, ยง1; RL 1955, ยง160-98; am L 1959, c 219, ยง1;
HRS ยง287-20; am L 1970, c 164, ยง3; am L 1977, c 23, ยง5; am L 1978, c 78, ยง1; am
L 1980, c 84, pt of ยง1; am L 1982, c 210, ยง6; am L 1984, c 110, ยง3; am L 1985,
c 195, ยง2; am L 1990, c 39, ยง3; am L Sp 1991, c 1, ยง17; am L 1993, c 135, ยง3;
am L 1994, c 197, ยง1; am L 1995, c 226, ยง8; am L 1996, c 20, ยง2; am L 1997, c
102, ยง4 and c 251, ยง10; am L 1998, c 299, ยง1; am L 1999, c 109, ยง1; am L 2000,
c 189, ยง25; am L 2007, c 74, ยง2; am L 2008, c 171, ยงยง15, 20]