In October, I received a response to my written explanation for a traffic citation at Honolulu Airport's baggage claim area. It stated judgment was in favor of the state. I still find it difficult to accept that a judge could favor the state when its agents were also responsible for the situation resulting in the citation. Contested traffic tickets
are reviewed by judgeDoes a judge actually consider the merit of each case? Is the cited section of the law applicable when state personnel permit parking and double parking in a no-parking zone at the airport? Is it normal procedure for a decision to be issued from the Traffic Violations Bureau without the signature of an authorized official? If a judgment is in favor of the state, what is the explanation for a reduction in fine, from $20 to $15?
The actual "notice of decision and judgment" was signed by a District Court judge, said Milton Hee, manager for the Judiciary's Traffic Violations Bureau.
A judge reviews the ticket, any letter, and the general facts of any contested citation, Hee said.
He could not respond to whether the section under which you were cited is applicable, saying that was a question the judge would have taken into consideration.
But about the "decision" being issued without an authorized signature, Hee said the actual notice of decision and judgment was signed by a judge. What was not signed was a cover letter.
The cover letter was meant simply to inform you of the attached decision and your recourse -- going to trial.
Trial turns the matter into a traffic criminal case, whereas paying a fine is a civil matter. The letter also was to let you know you had 30 days in which to respond.
Although the civil judgment was in favor of the state, the judge apparently decided there were mitigating factors to lower the fine. "The judge has the authority to set the fine," Hee said.
As to "nonproductive" responses from the bureau, Hee said, "Administratively, we couldn't do anything" about the judge's decision or the citation. "We're not in enforcement."
There's a guy running an auto repair shop on residential property. Isn't this a violation? How can this be stopped? Call the city Building Department at 527-6308 with the address and an inspector will check your complaint. A citation will be issued if a violation is found.
To the honest individual who found my purse at Sam's Club on Nov. 30 and mailed it back to me intact. You did not put your name or return address on the package so this is my only way to say thank you very much. Merry Christmas and a happy new year. -- A.I. Mahalo
To the state Department of Taxation for sending past due tax bills over the holidays. Tax director Ray Kamikawa deserves the title of the Grinch who stole Christmas. -- Shawn Auwe
To Matt Bowden of The Pizza Shop. On Nov. 29, he and his son stopped on the freeway to help a woman whose car accelerator broke. He not only called for a tow truck and waited an hour with her, he also offered to have the car parked in his lot AND found a mechanic to fix the car the following day. -- A white-haired senior citizen and her daughter Mahalo
On Dec. 10 on my way to a funeral, a male driver narrowly cut in front of me and caused an accident. I tooted my horn to make him aware of what he did and he threw a can and hit my car. I crossed a lane to pull over to check for damage and he also crossed over, looking like he was going to hit me. It's sad something like this occurred at Christmas time. -- J.P. Auwe
