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

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

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

where the maximum or minimum speed limit is established by countyordinance or by official signs placed by the director of transportation onhighways under the director's jurisdiction.

(b)  If the maximum speed limit is exceeded bymore than ten miles per hour, a surcharge of $10 shall be imposed, in additionto any other penalties, and shall be deposited into the neurotrauma specialfund. [L 1971, c 150, pt of §1; am L 1984, c 273, §8; gen ch 1985; am L 2002, c160, §10; am L 2004, c 102, §2; am L 2006, c 129, §3]

 

Case Notes

 

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

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

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

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

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

  Defendant was effectively put on notice of allegedlyexceeding speed limit established by county ordinance.  9 H. App. 73, 823 P.2d154.