• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Hawai'i Speeding Ticket

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Kyofu

Junior Member
The name of my state is Hawai'i.

I got pulled over for a speeding ticket, and I need to know what my options are.

I gather that if I plead not guilty I have to go again and it's a major hassle. I think I might do this because I think I have a case. I wasn't going as fast as the officer claims... is this grounds for dismissal of my case? I was still speeding though, so maybe I shouldn't plead not guilty :-\. And if the officer doesn't show up do I automatically win?

I heard that if I plead no contest, I can get a "deferred sentence" where if I make a probationary period without breaking laws the incident gets wiped from my record. This would be the most desirable as I am a college student working part time, and I can't afford a ticket and a major increase in my insurance. Is this "deferred sentence" real?

I need to know as soon as possible, so if someone can help me out, I'd really appreciate it.
Thanks,
Derek
 
Last edited:


LSCAP

Member
And speeding is speeding. Even if you dont think you were going that fast.

I agree with curt, but he should have said, Wake Up. You don't think you were going that fast?
 

Kyofu

Junior Member
Correction; I know I was not going that fast. At the speed I was going, I should have gotten a ticket and nothing more. Now I'm gonna have to take off time from school and work to explain why I shouldn't be there?
And I've heard the courts can be vicious; I read somewhere that they'll probably charge me tha maximum fine that the law allows...
 

Kyofu

Junior Member
What do I get? I get to show up in court. For speeding 30 mph or less above the speed limit I would only get a ticket and a fine, but on the ticket it very clearly states that I have to go to court, and it gives me the court date, because I was apparently going faster than that.

Ideally, I'd like to get a deferred judgement/sentence and never have to go through this again.
 

cepe10

Member
The name of my state is Hawai'i.

I got pulled over for a speeding ticket, and I need to know what my options are.

I gather that if I plead not guilty I have to go again and it's a major hassle. I think I might do this because I think I have a case. I wasn't going as fast as the officer claims... is this grounds for dismissal of my case? I was still speeding though, so maybe I shouldn't plead not guilty :-\. And if the officer doesn't show up do I automatically win?

I heard that if I plead no contest, I can get a "deferred sentence" where if I make a probationary period without breaking laws the incident gets wiped from my record. This would be the most desirable as I am a college student working part time, and I can't afford a ticket and a major increase in my insurance. Is this "deferred sentence" real?

I need to know as soon as possible, so if someone can help me out, I'd really appreciate it.
Thanks,
Derek
You should get dismissal if the LEO does not show and testifiy, otherwise there is no witness against you (and probable not a prosecutor either:) )

You plead based on the specific charge (specific speed over) - the points and fines differ. You would plead no-contest to a lesser charge based on what you have said - you can plea with the DA on it.

Probation before judgement is real - in MD it is given away like candy, if you have heard it is standard in HI then it is a good option - if you can avoid any future citations.

impeaching the accuracy of the tuning fork would be a defense strategy if radar was used. tuning forks are easy to scratch/dent and the slightest ding can make them off by 15%+ that's why they are required to be re-certified on a timely basis (although they seldom are).

Thus you may decrease the points and fine...

see: State v. Tailo, 70 Haw. 580, 779 P.2d 11 (Haw. 08/30/1989)
 

Kyofu

Junior Member
What is LEO? DA?

That case would be useful if they used radar, but the officer used his speedometer to determine the speed I was going.
 
Last edited:

cepe10

Member
For pacing by speedometer, certification of accuracy of patrol car speedometer is required...
see State v. Ing, 53 Haw. 466, 497 P.2d 575 (1972)

DA = district attorney
LEO = law enforcement officer
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top