PART III.  ADMINISTRATIVE REVOCATION PROCESS

Rules of Court

  See Hawaii Court Records Rules.

Case Notes

  Due process rights not violated by administrative driver's license revocation hearing procedure where defendant was afforded a hearing where witnesses were called and defendant was represented by counsel, and hearing office advised counsel of the procedure that hearing officer was going to follow.  108 H. 31, 116 P.3d 673 (2005).

  Administrative revocation (AR) of petitioner's driver's license reversed where hearing officer erred in considering the unsworn statements of the stopping officer that were included in the sworn police report of the arresting officer in determining that the police had reasonable suspicion to stop petitioner's car.  The statutory scheme reveals the legislature's intent that sworn statements be submitted by police and other government officers playing crucial roles in the AR process and the importance the legislature placed on sworn statements by the officers as a means of ensuring the reliability of their statements and evidence used in the AR process.  130 H. 74 (App.), 305 P.3d 490 (2013).

     §291E-31  Notice of administrative revocation; effect.  As used in this part, the notice of administrative revocation:

     (1)  Establishes that the respondent's license and privilege to operate a vehicle in the State or on or in the waters of the State shall be terminated:

          (A)  Thirty days after the date the notice of administrative revocation is issued in the case of an alcohol related offense;

          (B)  Forty-four days after the date the notice of administrative revocation is issued in the case of a drug related offense; or

          (C)  Such later date as is established by the director under section 291E-38,

          if the director administratively revokes the respondent's license and privilege;

     (2)  Establishes the date on which administrative revocation proceedings against the respondent were initiated;

     (3)  Serves as a temporary permit, if applicable, to operate a vehicle as provided in section 291E-33; and

     (4)  Notifies the respondent that the respondent shall obtain an ignition interlock permit and keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period if the respondent had a valid license at the time of the arrest. [L 2000, c 189, pt of §23; am L 2001, c 157, §13; am L 2006, c 201, §2; am L 2010, c 166, §11; am L 2012, c 327, §9]

Case Notes

  The administrative director of the courts (director) may not, in an administrative hearing filed pursuant to §291E-38, consider an offense occurring after the notice of administrative revocation has been issued under this section, as a basis for increasing an administrative revocation period already determined on administrative review by the director under §§291E-37 and 291E-41.  108 H. 350, 120 P.3d 249 (2005).