§291C-102  Noncompliance with speed limit
prohibited.  (a)  A person violates this section if the person drives:



(1)  A motor vehicle at a speed greater than the
maximum speed limit other than provided in section 291C‑105; or



(2)  A motor vehicle at a speed less than the minimum
speed limit,



where the maximum or minimum speed limit is established by county
ordinance or by official signs placed by the director of transportation on
highways under the director's jurisdiction.



(b)  If the maximum speed limit is exceeded by
more than ten miles per hour, a surcharge of $10 shall be imposed, in addition
to any other penalties, and shall be deposited into the neurotrauma special
fund. [L 1971, c 150, pt of §1; am L 1984, c 273, §8; gen ch 1985; am L 2002, c
160, §10; am L 2004, c 102, §2; am L 2006, c 129, §3]



 



Case Notes



 



  Speeding law not criminal, therefore, not assimilated under
the Assimilative Crimes Act.  900 F.2d 1346.



  Traffic citation issued to defendant on a military
installation, referencing only Hawaii state law (this section) and reciting the
facts of defendant's speeding violation, provided insufficient notice to
defendant that defendant faced a criminal violation of federal law.  537 F.
Supp. 2d 1116.



  In prosecution under this section, prosecutor has burden of
proving that speed limit was established in one of ways specified in this
section.  57 H. 277, 554 P.2d 767.



  Tuning fork used to calibrate radar gun was itself accurately
calibrated.  70 H. 580, 779 P.2d 11.



  Where trial court properly took judicial notice of the speed
limit, as required by HRE rule 202(b), there was sufficient evidence to find
motorist guilty of violating subsection (a).  95 H. 22, 18 P.3d 884.



  Defendant was effectively put on notice of allegedly
exceeding speed limit established by county ordinance.  9 H. App. 73, 823 P.2d
154.