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Kokua Line
Question: My friend took my vehicle on Saturday morning and was involved in a hit-and-run accident. The police issued him a citation. I would have thought he would have been arrested on the spot. What is the law regarding this and what will happen to him in traffic court? Friend took
car, involved in
hit-and-runAnswer: Without details, Honolulu Police Department Maj. Jeffrey Owens surmises the "hit-and-run" you refer to involved two vehicles rather than your friend hitting a person.
"Basically, the normal procedure in a minor collision of vehicles where a person left the scene would be that we issue a citation," he said. Something like that is considered a violation of the Traffic Code.
"If substantial injury is involved, it can become a full misdemeanor, in which case an arrest can be effected," Owens said.
But an officer has some discretion in such a case, he said.
As to what happens in court, that would be up to the judge to decide, "based on the facts and information presented," Owens said.
Q: What was the name of the high-school valedictorian in Hawaii who was told by her principal that she violated the Department of Education policy by thanking God in her graduation speech? Also, who was the principal and what was the high school which violated the student's free speech rights provided in our Constitution?
A: Tricia Exstrom was the Kailua High School student who initially was told she could not thank God in her valedictory speech.
However, Exstrom, a co-valedictorian in 1995, ultimately was allowed to do so.
Kailua Principal Mary Murakami had told Exstrom she could not mention God because it could offend some students or guests. She cited a Department of Education policy that said graduation ceremonies may not include prayer or other activities "servicing a religious purpose." That policy was based on a 1994 ruling by the 9th U.S. Circuit Court of Appeals that said it was unconstitutional to include prayers in an official graduation program.
However, after Exstrom and her father contested the prohibition, a settlement was worked out. State attorneys said students could make statements about the personal importance of God, although sermonizing would still be prohibited.
The American Civil Liberties Union of Hawaii did not get involved in the dispute, but its executive director, Vanessa Chong, said at the time that the DOE was wise to reconsider its decision.
"The First Amendment prohibits government-sponsored religion, but this is not government sponsored," she said. "The speech is being given by an individual as an individual. We're talking about free speech."
Because of the 1995 case, a 1998 9th U.S. Circuit Court of Appeals ruling had no effect on the DOE. The court that year upheld an Idaho school district's policy allowing students to include prayers in graduation speeches.
Mahalo
To Nora or Norma from Windward Mall Sears. Just before Christmas, my 2-year-old son got lost and was about to run out the mall door to our car. But a very special lady took the time to stop my son and take him to a security guard on duty. I still shiver when I think about what could have happened if she didn't stop him! I can never thank her enough. Also a big mahalo to Windward Mall security. -- Thankful Mom(Sears said it had no one by either name at its Windward Mall store, but perhaps the woman will recognize herself in your mahalo.)
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