Senate committee approves
beefing up racing penalties

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By B.J. Reyes
Associated Press

The Senate Judiciary Committee approved a bill yesterday that would provide tougher penalties for people convicted of reckless driving or racing on Hawaii's highways.

The proposal includes a "three strikes" measure that would force repeat offenders to forfeit their cars after three convictions. It also provides different categories of penalties for people with prior convictions for racing and increases fines.

Among the groups testifying in support of the measure were the Honolulu Police Department and the city prosecutor's office, which cited highway deaths over the past several months blamed on racing.

In a death in August, a 58-year-old woman was killed after the van in which she was riding was hit by a small sports sedan that police said went out of control while traveling at about 100 mph.

"These (car) enthusiasts have taken their speed to the highways," Honolulu Capt. Bryan Wauke said. "We feel that this stiffer penalty will deter this activity."

Under the proposal, a first offense for racing would carry a penalty of a three-month suspension of the offender's driver's license and a fine of $500; or a prison term of no more than 30 days; or both.

A second offense committed within five years of the first would carry a penalty of a one-year suspended license and $1,000 fine; or a prison term of up to 60 days; or both.

A third offense within five years would carry a three-year suspended license and a $1,500 fine; or up to six months in prison; or both.

Opponents of the bill contend the measure is too broad.

Susan Arnett, testifying on behalf of the state Public Defender's Office, said the mandatory forfeiture provision could be unfair to car owners whose vehicles are driven by others who race.

"A family might be left with no means of transportation," she said.

Lori Nishimura, testifying on behalf of the city prosecutor's office, noted that the forfeiture would be subject to current state forfeiture laws which take such matters into account.

The proposal, Senate Bill 2337 now moves to the floor for a vote by the full Senate.

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