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

(b)  Where a defendant is charged with atraffic infraction and the infraction is committed in the same course ofconduct as a criminal offense for which the offender is arrested or charged,the traffic infraction shall be adjudicated pursuant to this chapter; providedthat the court may schedule any initial appearance, hearing, or trial on thetraffic 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 onthe traffic infraction at the same date, time, and place as the arraignment,hearing, or trial on the related criminal offense where the related criminaloffense is a felony or is a misdemeanor for which the defendant has demanded ajury trial.

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

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

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

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

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

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

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

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

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

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

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

 

Rules of Court

 

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