Hawaii § 291D-2 - Definitions.

§ 291D-2. Definitions.

As used in this chapter: "Concurrent trial" means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged traffic infraction, emergency period infraction, or fireworks infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time. "Emergency period infraction" means all occurrences of noncompliance with rules adopted by the governor or a mayor pursuant to chapter 127A, which are stated and designated in the rule as being an emergency period infraction. "Fireworks infraction" means any violation of chapter 132D that is not explicitly classified as a felony or misdemeanor, any rule adopted pursuant to chapter 132D, or any county ordinance or rule enacted pursuant to chapter 132D. "Hearing" means a proceeding conducted by the district court pursuant to section 291D-8 at which the person to whom a notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction was issued either admits to the infraction, contests the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, or admits to the traffic infraction, emergency period infraction, or fireworks infraction but offers an explanation to mitigate the monetary assessment imposed. "Notice of traffic infraction" includes a notice of parking infraction. "Related criminal offense" means any criminal violation or crime, committed in the same course of conduct as a traffic infraction, emergency period infraction, or fireworks infraction, for which the defendant is arrested or charged. "Traffic infraction" means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter. "Trial" means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence. [L 1993, c 214, pt of §2; am L 1997, c 60, §8; am L 2007, c 85, §2; am L 2021, c 185, §5; am L 2025, c 243, §19] Rules of Court Additional definitions, see HCTR rule 3. Case Notes "Traffic offense" exception of HRPP rule 48 applied exclusively to "all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment" (i.e., "traffic infractions"). 78 H. 54, 890 P.2d 291 (1995). Previous Vol05_Ch0261-0319 Next