Excessive Speeding
HRS § 291C-105 prohibits "Excessive Speeding."
HRS § 291C-105 makes it a crime to:
(1) Drive 80 miles per hour or more anywhere in Hawaii; or
(2) Exceed the applicable state or county speed limit by 30 miles per hour or more.
HRS § 291C-105 states:
Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding:
(1) The applicable state or county speed limit by thirty miles per hour or more; or
(2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.
(b) For the purposes of this section, "the applicable state or county speed limit" means:
(1) The maximum speed limit established by county ordinance;
(2) The maximum speed limit established by official signs placed by the director of transportation on highways under the director's jurisdiction; or
(3) The maximum speed limit established pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.
(c) Any person who violates this section shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:
(1) For a first offense not preceded by a prior conviction for an offense under this section in the preceding five years:
(A) A fine of not less than $500 and not more than $1,000;
(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work‑related purposes;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into the neurotrauma special fund;
(E) An assessment for driver education pursuant to section 286G-3; and
(F) Either one of the following:
(i) Thirty-six hours of community service work; or
(ii) Not less than forty-eight hours and not more than five days of imprisonment;
(2) For an offense that occurs within five years of a prior conviction for an offense under this section, by:
(A) A fine of not less than $750 and not more than $1,000;
(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into the neurotrauma special fund;
(E) An assessment for driver education pursuant to section 286G-3; and
(F) Either one of the following:
(i) Not less than one hundred twenty hours of community service work; or
(ii) Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively; and
(3) For an offense that occurs within five years of two prior convictions for offenses under this section, by:
(A) A fine of $1,000;
(B) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year;
(C) Attendance in a course of instruction in driver retraining;
(D) No fewer than ten days but no more than thirty days of imprisonment of which at least forty‑eight hours shall be served consecutively;
(E) A surcharge of $25 to be deposited into the neurotrauma special fund; and
(F) An assessment for driver education pursuant to section 286G-3. [L 2006, c 129, §1]
In addition to the severe penalties that are imposed for a conviction under HRS § 291C-105, there should also be an HRS § 287-20, "proof of financial responsibility" requirement (i.e. an "SR-22 requirement") imposed for a three year period starting from the date of the conviction. Purchasing the type of insurance coverage that can satisfy the SR-22 requirement, for a period of three years, is an indirect consequence of conviction that can cost considerably more than the mandatory minimum fine of $500.
For many, the worst part of a conviction for Excessive Speeding under HRS § 291C-105 is the criminal conviction itself. Many good, and otherwise law-abiding citizens, have been prosecuted, convicted and classified for life as being a "criminal." A conviction under HRS § 291C-105 is only a "petty misdemeanor" conviction. However, it is still a criminal conviction that can have an adverse impact on a military career and future employment opportunities.
Different factual defenses may be available based on whether your speed was measured with a laser or with the police officer's speedometer (i.e. a pace clock). There may be a factual basis for a legitimate defense, or some other problem with the case, that would persuade the Prosecution to amend the charge to a "regular speeding ticket." Such an amended charge would be punishable by a fine of up to $200 and would not result in a criminal conviction.
Contact Mr. Mac Master today to discuss these important issues!
(808) 531-8080
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