Rules of Court
See Hawaii Court Records Rules.
Case Notes
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).
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.
[§291E-49] Transferring title to, or ownership interest in, vehicle prohibited; exceptions. (a) A registered owner shall not sell or transfer title to, or ownership interest in, a motor vehicle during the time period the motor vehicle's registration has been ordered revoked and number plates surrendered or during the time the motor vehicle bears the special series number plates pursuant to section 249-9.4, unless the registered owner applies to the administrative director of the courts, or the administrative director's appointee pursuant to section 291E-1, for consent to transfer title to the motor vehicle. If the director is satisfied that:
(1) The proposed sale is in good faith and for valid consideration;
(2) The registered owner will be deprived of the custody and control of the motor vehicle; and
(3) The sale is not for the purpose of circumventing this part,
the director may consent to the sale or transfer. If the director consents, the director shall issue a certified copy of the written consent to the registered owner and forward a copy to the appropriate county director of finance.
(b) The county director of finance, upon proper application and the presentation to the director of finance of a certified copy of the director's written consent to the sale or transfer of a motor vehicle, shall transfer the certificate of title and ownership to the new owner pursuant to chapter 286 and shall issue new number plates to the new registered owner pursuant to chapter 249.
(c) Notwithstanding subsections (a) and (b), if the title to the motor vehicle is transferred by foreclosure of a chattel mortgage, cancellation of a conditional sales contract, a sale upon execution, or decree or order of a court of competent jurisdiction, after the motor vehicle registration has been revoked under this part, the county director of finance shall transfer the certificate of title and ownership to the new owner pursuant to chapter 286 and shall issue new number plates to the new registered owner pursuant to chapter 249. [L 2001, c 157, pt of §3]
Section: Previous 291e-44 291e-44.5 291e-45 291e-45.5 291e-46 291e-47 291e-48 291e-49 291e-50 291e-61 291e-61.5 291e-61.6 291e-62 291e-63 291e-64 NextLast modified: October 27, 2016