§291D-2 - Definitions.
§291D-2 Definitions. As used in thischapter:
"Concurrent trial" means a trialproceeding held in the district or family court in which the defendant is triedsimultaneously in a civil case for any charged traffic infraction and in acriminal case for any related criminal offense, with trials to be held in onecourt on the same date and at the same time.
"Hearing" means a proceedingconducted by the district court pursuant to section 291D-8 at which the personto whom a notice of traffic infraction was issued either admits to the trafficinfraction, contests the notice of traffic infraction, or admits to the trafficinfraction but offers an explanation to mitigate the monetary assessmentimposed.
"Notice of traffic infraction"includes a notice of parking infraction.
"Related criminal offense" means anycriminal violation or crime, committed in the same course of conduct as atraffic infraction, for which the defendant is arrested or charged.
"Traffic infraction" means allviolations of statutes, ordinances, or rules relating to traffic movement andcontrol, including parking, standing, equipment, and pedestrian offenses, forwhich the prescribed penalties do not include imprisonment and that are nototherwise specifically excluded from coverage of this chapter.
"Trial" means a trial conducted bythe district court pursuant to the rules of the district court and the Hawaii rules of evidence. [L 1993, c 214, pt of §2; am L 1997, c 60, §8; am L 2007, c 85,§2]
Rules of Court
Additional definitions, see HCTR rule 3.
Case Notes
"Traffic offense" exception of HRPP rule 48 appliedexclusively to "all violations of statutes, ordinances, or rules relatingto traffic movement and control, including parking, standing, equipment, andpedestrian offenses, for which the prescribed penalties do not includeimprisonment" (i.e., "traffic infractions"). 78 H. 54, 890 P.2d291.