Drivers opting More people are heeding advice from attorneys to challenge their photo speeding citations in trial rather than pay the fine. And the advice is not just coming from private attorneys.
for trial over fine
A judge advises them the state
No 10-mph cushion, HPD says
must prove they were driving
the car in the photograph
Repeal bill doesn't faze DOTBy Nelson Daranciang
ndaranciang@starbulletin.comAbout 20 people who were not able to persuade Honolulu District Judge Russel Nagata to dismiss their citations in traffic court yesterday chose to go to trial after Nagata suggested to them, "You can ask for a trial where the state has to prove you were the driver beyond a reasonable doubt."
They had already heard that advice from attorney Michael Kam outside the courtroom before the hearing.
"I think the Judiciary is giving a big hint. Nothing these judges do happens in a vacuum," Kam said. "My feeling is that all of these cases are going to be dismissed in trial. I really wish somebody would ... say, 'If this is the way it is, let's stop it.'"
The initial court hearing is a civil proceeding where the judge can decide a case based on the "preponderance of the evidence," in which it is more likely than not an infraction was committed and the person named on the citation was the one who committed it.
That is the lowest standard of proof. When the case goes to trial, it becomes a criminal proceeding where the standard of proof rises to "beyond a reasonable doubt."
Lee Seril was one of only two people who chose to pay a fine yesterday rather than take his case to trial. Seril said one of his children visiting from the mainland was driving the car at the time of the violation, but he does not know which one because neither of them is saying.
"I know it's up to (the state) to prove that beyond a reasonable doubt that you were driving the car. Man, I can't afford the time off from work (to go to trial). That's what it all boils down to."
Seril's fine was $77 because his car was cited for traveling 10 mph over the posted speed limit on Likelike Highway.
Nagata dismissed the cases of 11 more people who went to court yesterday, and for one who did not, because they were cited for going less than 10 mph over the speed limit. He also dismissed four other citations because they were issued by Operator 14, who was not named as a certified laser camera operator in the affidavit submitted by the state Department of Transportation Director Brian Minaai.
"That was an error. There is no (Operator) 14," said Marilyn Kali, transportation spokeswoman.
Kali said at least one other operator was left off the affidavit because that person is no longer employed by photo enforcement vendor Affiliated Computer Services.
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Honolulu police officers do ticket motorists for operating their vehicles less than 10 mph over the speed limit when appropriate, said Maj. Robert Prasser, HPD Traffic Division. HPD insists there is no
10 mph cushion for speedingBy Nelson Daranciang
ndaranciang@starbulletin.com"That can be as low as just over the speed limit, but generally, when you view our statistics, our citations are for much higher than that," Prasser said.
However, there is no threshold of 10 mph over the limit before officers issue tickets, he said.
Prasser's statement was in response to Honolulu District Judge Russel Nagata's assertion that officers customarily do not issue speeding tickets to motorists traveling less than 10 mph over the limit.
"There are situations out there where it's very appropriate to give citations for less than 10 mph over: school zones; areas where we're having fatalities involving pedestrian accidents, sometimes the elderly; weather conditions; differing conditions where it's very appropriate for our officers to tag for less than 10 mph," especially if the driver is creating a traffic hazard, Prasser said.
There have been 14 traffic fatalities this year, compared with six at this time last year. Six of this year's fatalities involved pedestrians compared with three last year, while five of the accidents involved motorcycles compared with none last year.
To cut down on the number of traffic fatalities, Prasser said, the department will be releasing either an educational video or a public service announcement to educate the public of the dangers that could result in death on our roadways.
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State Transportation Director Brian Minaai remains optimistic the Legislature will not repeal the photo traffic enforcement demonstration project. DOT unfazed by photo van
repeal’s advance
By Pat Omandam
pomandam@starbulletin.com
A key Senate committee approved a bill yesterday to repeal the law. The measure will likely receive strong debate on the Senate floor when lawmakers return on Thursday from their mandated five-day recess.
"I think we're very optimistic that the other legislators, especially in the House, will see that the program is very effective in saving lives," Minaai said yesterday.
"And we hope that in conference, when both House and Senate conferees get together, that they'll come to a resolution as to modifying the program to become the most effective as we all would like it to be so we can continue to proceed with this demonstration project."
With approval of Senate Bill 2077 by the Ways and Means Committee yesterday, the measure goes to the Senate and, if approved, to the House for discussion.
The bill states the traffic camera system has caused numerous disruptions to drivers and pedestrians in the state, and lawmakers feel it should be discontinued so further review of the system can occur. All money generated from any photo traffic tickets issued would be transferred to the state general fund.
State Rep. Fred Hemmings (R, Waimanalo) said the bill is timely considering the problems the traffic cameras have raised. He is thankful the Senate majority is working quickly on its repeal.
But in the other chamber, there is split support for a repeal. House Transportation Chairman Joseph Souki (D, Wailuku) favors keeping the program alive by changing the laws governing it. Others, however, support a repeal.
If terminated, Minaai said, it would cost the state in excess of $1 million.
"Our whole objective is not to maximize citations, but to really make the driving public aware of enforcement and the speed limits," Minaai said.
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