Kokua Line
Kokua Line
Drivers must
still deal with their
traffic-camera ticketsQuestion: On Feb. 22, District Judge Russel Nagata dismissed a lot of the traffic cam tickets because the citations said the drivers were going less than 10 mph over the speed limit. My mother got a ticket for driving six miles over the speed limit. Does she pay the ticket? What are the consequences if she doesn't pay the ticket?
Answer: Your mother can't ignore her speeding ticket simply because one judge has thrown out other tickets for a reason that might pertain to her situation. Nagata's ruling was not binding on any other judge, although others are also dismissing contested tickets that cited drivers for going less than 10 mph over the speed limit.
Drivers mailed speeding tickets via the state's Photo Enforcement Program, like any other driver who receives a citation for a "minor" traffic offense, including running a red light or disregarding lane markings, can do one of three things: pay the ticket, submit a written statement contesting the ticket, or appear in person on the scheduled court date to contest the ticket.
If your mother opts to mail in a written statement, she will receive a judge's decision in the mail. She has until the day before her scheduled court date to either pay the fine or send in the statement.
If your mother does not pay the fine or submit a written statement before the court date or does not appear on the hearing date, then a default judgment will be entered against her, said state Judiciary spokeswoman Marsha Kitagawa.
At that point she may decide to pay the default judgment. But if she decides to contest the case, she has to file a motion to set aside the default judgment, as well as post bail, Kitagawa said.
The court will then decide whether to grant her motion, and again your mother will be given the option of either appearing in person in court or submitting a written statement.
As for appearing in court, because traffic photo citations are considered minor offenses and handled as civil cases, they are scheduled for "hearings," not trials, Kitagawa explained. No prosecutor is present, and defendants simply make their case before a judge.
A defendant can request a trial, but only if a citation was contested and a judgment was found in favor of the state, whether via mail or in court. The request has to be made within 30 days of a judge's decision.
If a trial is scheduled, a prosecutor then must prove the case against the defendant beyond a reasonable doubt, which is the highest burden of proof, Kitagawa said.
Auwe
To drivers who block the intersection of Lunalilo and Piikoi streets. Drivers headed Ewa on Lunalilo are always blocked by individuals turning left from Piikoi, heading toward the H-1. It would be very nice if drivers would be courteous and stop when the light turns yellow so they give us an opportunity to cross the intersection. That would be a good place for a traffic van. -- Jane(That intersection is one often monitored by police because of problems with drivers blocking the flow of traffic, says Honolulu police spokeswoman Michelle Yu. "That intersection is staffed as manpower permits," she said.
(As for having a speed van there, the state Department of Transportation is placing the controversial vans on state roadways where speeding is a concern. It plans to install cameras at certain intersections to catch red-light runners, but Lunalilo-Piikoi is not one of them.
(The intersections targeted for the cameras are Pali Highway and School Street; Vineyard Boulevard and Punchbowl Street; Likelike and Kahekili highways; H-1 Exit 18 East and Middle Street; Nimitz Highway and Kalihi Street; Kunia Road and Kupuna Loop; Kalanianaole Highway and Ainakoa Avenue/Waikui Street; Farrington Highway and Nanakuli Avenue; Fort Weaver Road and Aawa Drive/Old Fort Weaver Road; and Kamehameha Highway and Pali Momi Street.)
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