§291D-3  Applicability.  (a) 
Notwithstanding any other provision of law to the contrary, all traffic
infractions, including traffic infractions committed by minors, shall be
adjudicated pursuant to this chapter, except as provided in subsection (b). 
This chapter shall be applied uniformly throughout the State and in all
counties.  No penal sanction that includes imprisonment shall apply to a
violation of a state statute or rule, or county ordinance or rule, that would
constitute a traffic infraction under this chapter.  No traffic infraction
shall be classified as a criminal offense.



(b)  Where a defendant is charged with a
traffic infraction and the infraction is committed in the same course of
conduct as a criminal offense for which the offender is arrested or charged,
the traffic infraction shall be adjudicated pursuant to this chapter; provided
that the court may schedule any initial appearance, hearing, or trial on the
traffic infraction at the same date, time, and place as the arraignment,
hearing, or trial on the related criminal offense.



Notwithstanding this subsection and subsection
(c), the court shall not schedule any initial appearance, hearing, or trial on
the traffic infraction at the same date, time, and place as the arraignment,
hearing, or trial on the related criminal offense where the related criminal
offense is a felony or is a misdemeanor for which the defendant has demanded a
jury trial.



(c)  If the defendant requests a trial pursuant
to section 291D-13, the trial shall be held in the district court of the
circuit in which the traffic infraction was committed.  If the court schedules
a concurrent trial pursuant to paragraph (1), the concurrent trial shall be
held in the appropriate district or family court of the circuit in which the traffic
infraction was committed, whichever has jurisdiction over the related criminal
offense charged pursuant to the applicable statute or rule of court; provided
that:



(1)  The district or family court, for the purpose of
trial, may schedule a civil trial on the traffic infraction on the same date
and at the same time as a criminal trial on the related criminal offense
charged.  The court shall enter a civil judgment as to the traffic infraction
and a judgment of conviction or acquittal as to the related criminal offense
following such concurrent trial; and



(2)  If trial on the traffic infraction is held
separately from and prior to trial on any related criminal offense, the
following shall be inadmissible in the prosecution or trial of the related
criminal offense, except as expressly provided by the Hawaii rules of evidence:



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



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



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



(d)  In no event shall section 701-109 preclude
prosecution for a related criminal offense where a traffic infraction committed
in the same course of conduct has been adjudicated pursuant to this chapter.



(e)  If the defendant fails to appear at any
scheduled court date prior to the date of trial or concurrent trial and:



(1)  The defendant's civil liability for the traffic
infraction has not yet been adjudicated pursuant to section 291D-8, the court
shall enter a judgment by default in favor of the State for the traffic
infraction unless the court determines that good cause or excusable neglect
exists for the defendant's failure to appear; or



(2)  The defendant's civil liability for the traffic
infraction has been adjudicated previously pursuant to section 291D-8, the
judgment earlier entered in favor of the State shall stand unless the court
determines that good cause or excusable neglect exists for the defendant's
failure to appear.



(f)  If the defendant fails to appear at any
scheduled court date prior to concurrent trial or fails to appear for
concurrent trial scheduled pursuant to subsection (c)(1), the court shall enter
a disposition pursuant to the Hawaii rules of penal procedure for the criminal
offense. [L 1993, c 214, pt of §2; am L 1997, c 59, §1; am L 2005, c 48, §1; am
L 2007, c 85, §3]



 



Rules of Court



 



  Applicability of rules, see HCTR rule 4; companion cases, see
HCTR rule 12.