Traffic offenses in Hawai‘i add up, and not just in terms of the financial impact. Each traffic violation adds points to your driver's record, and those points can lead to driver's license suspension among other consequences. Plus, some traffic violations are criminal offenses. If you ignore or do not fight traffic violations with criminal consequences, you could end up with a criminal record. For someone with a clean history, you do not want to make this mistake. All the same, for someone with a driving or criminal record, you do not want to add to it.
At Hicks Law, our traffic violation defense attorney in Maui will help you with either a civil or criminal traffic offense. We know and have seen how these seemingly inoffensive violations can cause real problems for people.
Traffic Offenses in Hawai‘i
Traffic offenses involve a motorist's unlawful conduct while they are in control or operating a vehicle. Also referred to as traffic violations, these offenses are prosecuted at the state or local level.
There is often a distinction made between traffic offenses committed while a vehicle is moving and while it's stationary. Moving traffic violations include speeding and running a red light. Some examples of non-moving traffic violations include illegal parking and displaying expired plates.
The term traffic offense describes a wide range of conduct from minor infractions to more serious crimes.
Traffic Offense Classification in Hawai‘i
Traffic offenses can be civil (often referred to as infractions) or criminal. Each state identifies specific offenses and categorizes them accordingly.
Civil Traffic Violations
Traffic infractions in Maui are minor traffic offenses. If you commit a traffic infraction, you're usually issued a ticket. Typically, you have the option to pay the fee or dispute the ticket by attending a hearing on a designated day at traffic court.
The penalties for a traffic infraction include fines, attending traffic school, and demerit points. Accumulating demerit points can impact the cost of car insurance (by increasing your rates) and eventually result in a license suspension (if you accumulate the requisite number of points).
Common examples of traffic infractions include:
- Speeding (under 30 miles per hour under a posted speed limit and not over 80 miles per hour over any posted speed limit)
- Using a mobile phone while driving
- Failing to stop or signal
- Following too close to another vehicle
- Failing to wear a seatbelt
- Disobeying a road sign
- Driving uninsured
- Parking illegally
The majority of traffic infractions are strict liability offenses – the prosecution does not need to prove any criminal intent, only that the violation occurred. This means you are liable even if you did not know, for example, that the place where you parked was a no-parking zone or did not realize you were driving over the speed limit. Hicks Law does not provide consultations or representation for civil traffic violations.
Criminal Traffic Offenses
Traffic crimes are more serious than infractions. They can be charged as a petty misdemeanor, misdemeanor or a felony depending on the relevant laws and circumstances. For example, you may be charged with a felony if you have any prior traffic offenses or if the conduct resulted in injury or death or if prior convictions compound.
Traffic crimes are heard in a criminal court.
Some common examples of traffic crimes often charged as a petty misdemeanor include:
- excessive speeding
- reckless driving
- inattention to driving (hitting something with gross negligence)
- driving without a license
- driving with a suspended or revoked license
- operating a vehicle while under the influence (OUI) of a chemical substance
- driving without title or registration to the vehicle
- driving without auto insurance
- hit and run / leaving the scene of an accident
Examples of traffic offenses usually charged as a felony include:
- reckless driving causing injury or death
- repeat driving without a license
- repeat OUI
- vehicular homicide
Potential penalties for traffic crimes include but are not limited to fines, community service, and/or incarceration. With the exception of OUI, you're more likely to receive time behind bars if you are charged with a felony or you have a history of committing traffic violations.
A conviction for a traffic crime can also result in the suspension or loss of your license, demerit points, and your vehicle being impounded.
Contact a Criminal Traffic Defense Attorney in Hawai‘i Today
The law around driving offenses can be technical and is also constantly evolving. Especially if you're considering challenging the allegations, it pays to speak with an experienced traffic defense lawyer in Maui who will review your case and explain your options.
For many people, the ability to drive is essential to their daily life. While the majority of traffic violations result in a small fine and some demerit points, if you are charged with a serious traffic violation, you may be at risk of imprisonment and losing your license.
