Revision Note
The amendments made to this part by L 2012, c 310, §§2 (enacting subpart B), 5 (amending the part VI title), 6 (adding a subpart A title), and 8 (amending §§286-101, 286-102(e), 286-104, 286-106, 286-107(c), 286-108(a), 286-110(a), 286-112(a) and (c), 286-113, 286-114, and 286-122(a) to change "part" to "subpart") are omitted as the new subpart B added to this part was renumbered as part XVI pursuant to §23G-15.
Cross References
Civil identification cards, see §§286-301 to 286-313, part XVI.
Law Journals and Reviews
Intextication: Txting Whl Drvng. Does the Punishment Fit the Crime? 32 UH L. Rev. 359 (2010).
§286-128 Evaluation of nonresident driving privileges; reports of outside convictions; reports of convictions by courts-martial or United States commissioners. (a) Nonresident privilege of driving a motor vehicle. The privilege of driving a motor vehicle on the highways of this State and the several counties, given to a nonresident under the laws of this State, shall be subject to suspension by the district judge in like manner, and for like cause, the same as a driver's license issued by this State may be suspended.
(b) Reports of outside convictions; recording against drivers. The district judges of each county shall enter into reciprocal agreements with the proper agency of any other county and the governor of the State may enter into such agreements with any state or territory for the purpose of reporting convictions or bail forfeitures in such county, state, or territory by a person holding a driver's license in such county, state, or territory. Such convictions or bail forfeitures in such county, state, or territory of a violation therein which if committed in this State would be a violation of the traffic laws of this State or the ordinances of the several counties, shall be recorded against a driver the same as if the conviction or bail forfeiture had been made in the State.
(c) Reports of convictions by courts-martial or United States commissioners; recording against drivers. Convictions by courts-martial of any of the various branches of the armed forces of the United States or by a United States commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the traffic laws of this State or the ordinances of the several counties, may be recorded against a driver the same as if the conviction had been in the courts of this State.
(d) Upon determination and order by a district judge that a person has violated traffic laws of the State or ordinances of its counties with such frequency as to indicate a disrespect for such laws or ordinances and a disregard for the safety of other persons on the highways within a twelve-month period, the licensee shall report in person for a review of the licensee's driving record with the judge as directed by the judge if the licensee is present in court. If the licensee is not present in court when the district judge makes a determination and order that the licensee has violated traffic laws of the State or ordinances of its counties with such frequency as to indicate a disrespect for such laws or ordinances and a disregard for the safety of other persons on the highways within a twelve-month period and is directed to report in person for a review of the licensee's driving record, then the clerk of the district court shall notify the licensee in writing by certified mail, return receipt requested, to addressee only, that the licensee is directed to report in person, within fifteen days after receipt of the notice to report, for a review of the licensee's driving record with the judge. At the review, the judge may order a licensee who has violated traffic laws of the State or ordinances of its counties with such frequency as to indicate a disrespect for such laws or ordinances and a disregard for the safety of other persons on the highways within a twelve-month period to attend a course of instruction in driving retraining by a designated driver instructor or driver training school. Any person who fails to report in person for a review of the person's driving record with the judge as required by this subsection or who fails to attend a course of instruction in driver retraining pursuant to the order of the judge as required by this subsection shall be fined not more than $100 or shall have the person's license suspended not more than one year, or both. [L 1961, c 113, pt of §1; Supp, §160-70; am L 1967, c 214, §13; HRS §286-128; am L 1968, c 48, §3; am L 1970, c 164, §3 and c 188, §39; am L 1973, c 135, §2; am L 1975, c 139, §1; am L Sp 1977 1st, c 20, §12; am L 1978, c 222, §§3, 4; gen ch 1985; am L 1993, c 214, §6; am L 1994, c 94, §§1, 2; am L 1997, c 60, §4]
Case Notes
Violations of subsection (a)(2) and (a)(10) do not affect standard of guilt under §291-1. 46 H. 345, 379 P.2d 592.
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