§291D-13  Trial and concurrent trial.  (a)  There shall be no right to trial unless the defendant contests the notice of traffic infraction or notice of emergency period infraction pursuant to section 291D-8.  If, after proceedings to contest the notice of traffic infraction or emergency period infraction, a determination is made that the defendant committed the traffic infraction or emergency period infraction, judgment shall enter in favor of the State.  The defendant may request a trial pursuant to the Hawaii rules of evidence and the rules of the district court; provided that any request for trial shall be made within thirty days of entry of judgment.  If, after appearing in person at a hearing to contest the notice of traffic infraction or notice of emergency period infraction, the person requests a trial at the conclusion of the hearing, the court shall provide the person with the trial date as soon as practicable.

     (b)  At the time of trial, the State shall be represented by a prosecuting attorney of the county in which the infraction occurred.  The prosecuting attorney shall orally recite the charged civil traffic infraction or emergency period infraction in court before commencement of the trial.  Proof of the defendant's commission of the traffic infraction or emergency period infraction shall be by a preponderance of the evidence.

     (c)  If trial on the traffic infraction or emergency period infraction is held before trial on any related criminal offense, the following shall be inadmissible in the subsequent prosecution or trial of the related criminal offense:

     (1)  Any written or oral statement made by the defendant in proceedings conducted pursuant to section 291D-7(b); and

     (2)  Any testimony given by the defendant in the traffic infraction or emergency period infraction trial.

The statement or testimony, or both, shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense.

     (d)  In any concurrent trial, the State shall be represented by a prosecuting attorney of the county in which the infraction and related crime occurred.  Proof of the defendant's commission of the infraction shall be by a preponderance of the evidence, and proof of the related criminal offense shall be by proof beyond a reasonable doubt.  The concurrent trial shall be conducted pursuant to the rules of the appropriate court, the Hawaii rules of evidence, and the Hawaii rules of penal procedure. [L 1993, c 214, pt of §2; am L 1997, c 60, §13; am L 2007, c 85, §9; am L 2021, c 185, §14]

Rules of Court

  Trial, see HCTR rule 19.