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



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



(c)  If trial on the traffic infraction is held
prior to trial on any related criminal offense, the following shall be
inadmissible in the subsequent prosecution or trial of the related criminal
offense:



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



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



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



(d)  In any concurrent trial, the State shall
be represented by a prosecuting attorney of the county in which the infraction
and related crime occurred.  Proof of the defendant's commission of the
infraction shall be by a preponderance of the evidence, and proof of the
related criminal offense shall be by proof beyond a reasonable doubt.  The
concurrent trial shall be conducted pursuant to the rules of the appropriate
court, 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.