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-32 Criminal prosecution. (a) Criminal prosecution under section 291E-61 or 291E-61.5 may be commenced concurrently with administrative revocation proceedings under this part; provided that documentary and testimonial evidence provided by the respondent during the administrative proceeding shall not be admissible against the respondent in any proceeding under section 291E-61 or 291E-61.5 arising out of the same occurrence.
(b) When a person's license and privilege to operate a vehicle is revoked under this part and the person also is convicted of an offense under section 291E-61 or 291E-61.5 arising out of the same occurrence, the total period of revocation imposed in the two proceedings shall not exceed the longer period of revocation imposed in either proceeding. If the person is convicted under section 291E-61 or 291E-61.5 prior to completion of administrative proceedings, the person shall surrender the temporary permit issued under this part at the time of entry of a plea of guilty or no contest, entry of a verdict of guilty, or of sentencing, whichever occurs first. [L 2000, c 189, pt of §23; am L 2004, c 90, §7]
Section: Previous 291e-17 291e-18 291e-19 291e-20 291e-21 291e-22 291e-31 291e-32 291e-33 291e-34 291e-35 291e-36 291e-37 291e-38 291e-39 NextLast modified: October 27, 2016