Lowell Dicey said he lives in Hawaiian Shores subdivision, six miles from the nearest highway, with no job and no county bus system in his area.

He and his wife lost their jobs and can't afford car insurance.

"We're all being held hostage out here," he said.

District Judge Jeffrey Choi found Dicey guilty of not having insurance and told him he could pay a $500 fine or do 75 hours of community service.

Deputy Prosecutor Sandra Scott said Dicey at first agreed to pay the fine in $20 monthly installments.

Then he changed his mind and agreed to community service.

Finally, he decided he had no way to get to a service project. He also was wary of a provision, in the community service agreement, which says he will not be covered by workers compensation insurance if he is injured.

"I can't pay the fine, and I can't do community service," Dicey said.

So he chose jail.

Judge Choi could have sentenced Dicey to 20 days, but instead ordered five days in the Hawaii Community Correctional Center, Scott said. Jail time for lack of no-fault is rare, she said.

Choi has criticized the no-fault system in the past. He repeated comments this week that the system makes criminals out of otherwise law-abiding people.

Bryan Fitzgerald, who ran unsuccessfully for the state Senate last year proposing to end the no-fault system, said Dicey was one of the organizers of a no-fault card burning event during the campaign.

Dicey demonstrates that "the only place for a just man in an unjust world is behind bars," Fitzgerald said.

Scott said Dicey's wife, Rocklyn Spencer-Dicey, also was convicted of driving without insurance, but she agreed to perform community service. Spencer-Dicey could not be reached for comment.