§291D-13  Trial and concurrent trial. (a)  There shall be no right to trial unless the defendant contests the noticeof traffic infraction pursuant to section 291D-8.  If, after proceedings tocontest the notice of traffic infraction, a determination is made that thedefendant committed the traffic infraction, judgment shall enter in favor ofthe State.  The defendant may request a trial pursuant to the Hawaii rules ofevidence and the rules of the district court; provided that any request fortrial shall be made within thirty days of entry of judgment.  If, afterappearing in person at a hearing to contest the notice of traffic infraction,the person requests a trial at the conclusion of the hearing, the court shallprovide the person with the trial date as soon as practicable.

(b)  At the time of trial, the State shall berepresented by a prosecuting attorney of the county in which the infractionoccurred.  The prosecuting attorney shall orally recite the charged civiltraffic infraction in court prior to commencement of the trial.  Proof of thedefendant's commission of the traffic infraction shall be by a preponderance ofthe evidence.

(c)  If trial on the traffic infraction is heldprior to trial on any related criminal offense, the following shall beinadmissible in the subsequent prosecution or trial of the related criminaloffense:

(1)  Any written or oral statement made by thedefendant in proceedings conducted pursuant to section 291D-7(b); and

(2)  Any testimony given by the defendant in the trafficinfraction trial.

The statement or testimony, or both, shall not bedeemed a waiver of the defendant's privilege against self-incrimination inconnection with any related criminal offense.

(d)  In any concurrent trial, the State shallbe represented by a prosecuting attorney of the county in which the infractionand related crime occurred.  Proof of the defendant's commission of theinfraction shall be by a preponderance of the evidence, and proof of therelated criminal offense shall be by proof beyond a reasonable doubt.  Theconcurrent trial shall be conducted pursuant to the rules of the appropriatecourt, the Hawaii rules of evidence, and the Hawaii rules of penal procedure.[L 1993, c 214, pt of §2; am L 1997, c 60, §13; am L 2007, c 85, §9]

 

Rules of Court

 

  Trial, see HCTR rule 19.