© 2014 Timothy I. Mac Master, Attorney at Law

EXCESSIVE SPEEDING

 

     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)  May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;

 

(F)  An assessment for driver education pursuant to section 286G-3; and

 

(G)  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;

 

Consequences Of A Conviction 

 

     Excessive speeding is a criminal charge (i.e. a petty misdemeanor).  A conviction for excessive speeding will create a criminal record. Everyone convicted of excessive speeding is required to do community service or at least 48 hours in jail.  

 

    One of the most severe consequences of an excessive speeding charge is not apparent from reading the statute. In addition to the mandatory penalties specified in HRS § 291C-105, if you are convicted of excessive speeding, you will probably be required to satisfy a "proof of financial responsibility requirement" to continue driving legally in Hawaii.

 

     Drivers convicted for certain serious traffic offenses are considered more likely than a driver with a good traffic record to injure someone else or to damage someone else's property. Consequently, before such "bad drivers" are allowed to keep driving, they must prove that they would be "financially responsible" ( i.e. able to pay compensation for any damage or injuries they may cause).  This "proof of financial responsibility requirement" is commonly referred to as an "SR-22 requirement."

 

     On Oahu, the governmental agency that imposes and monitors the "proof of financial responsibility requirement", and that will initiate a revocation of driving privileges when a requirement was imposed and left unsatisfied, is the Financial Responsibility Section of the City and County of Honolulu's Motor Vehicle Licensing Department.  Their contact information is:

 

 Financial Responsibility Section
 P O Box 30340
 Honolulu, HI  96820-0340
 Phone:  (808) 532-7740 (for general information)
 Fax:  (808) 832-4120
 

The current practice of the Financial Responsibility Section is to:

 

     1.     Impose a "proof of financial reponsibility requirement"                  on every driver convicted of excessive speeding;  and

 

     2.     Keep the requirement in place for a period of three                      years.

   

     Alternative methods to satisfy the proof of financial responsibility requirement include using a bond, certificate of deposit or securities that have been legally encumbered in favor of the State to guarantee that potential financial compensation is readily available.  Most people cannot afford, or figure out how to use, one of the alternative methods.  Consequently, most people opt to show proof that they have purchased an insurance policy that is sufficient to satisfy HRS § 287-22, which states:

  

Certificate of insurance as proof.  Proof of financial responsibility may be furnished by filing with the administrator the written certificate of any insurance carrier duly authorized to do business in the State certifying that there is in effect a motor vehicle liability policy for the benefit of the person or persons required to furnish proof of financial responsibility.  The certificate shall give the effective date of the motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle. 

 

     The "certificate of insurance" required by HRS § 287-22 is often referred top as an "SR-22" form.  The problem inherent in requesting your insurance company to provide this form, is that it will make the insurance company aware that you had a criminal conviction and can prompt a significant increase in your insurance rates.

 

The Arraignment

 

     Whether you were arrested for excessive speeding, or just given a citation, you will be ordered to appear in Court for an arraignment.  If you were arrested for a DUI at the same time, the arraignment for both the charges, and all trial dates, will usually be scheduled for the same date and time.

 

     If you retain Mr. Mac Master to represent you he can appear at the arraignment for you and ask the Court to waive your presence (so that it will not be necessary for you to be present at the arraignment).

 

Reducing An Excessive Speeding Charge

To A Regular Speeding Infraction (i.e. A Speeding Ticket)

 

     If your speed was not too far into the excessive zone (e.g. 83 or 84 mph), or for if the case against you is weak for some reason, the State may be willing to reduce the excessive speeding criminal charge to a regular speeding infraction, if you will admit liability for the regular speeding charge and pay a $200 fine plus Court costs.  Sometimes the State also requests the defendant to complete an 8 hour driver improvement program.

 

     Mr. Mac Master has often been able to resolve excessive speeding cases with such arrangements.  However, if such an arrangement to reduce the charge cannot be made, you will forced to fight or be convicted for a criminal offense. 

Contact Mr. Mac Master immediately for a free telephone consultation

 

(808) 531-8080

 

fax: (808) 531-4044

 

send e-mail to Mr. Mac Master at

 

alohaleg@pixi.com

The information in this website is provided as a public service. It is not intended to be given to, or taken by, any individual or organization as legal advice specifically for that individual or organization. Merely viewing this website does not create an attorney-client relationship with Mr. Mac Master. Any individual who has been arrested for DUI, or any other criminal offense, or cited for any violation, is hereby requested to contact Mr. Mac Master, or another duly licensed attorney, to seek legal advice applicable to the unique facts and circumstances of that individual's situation.