Hawaii Revised Statutes 291e-45.5 Repeat Intoxicated Driver After December 31, 2010; Eligibility to Obtain Motor Vehicle Registration and Number Plates.

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-45.5] Repeat intoxicated driver after December 31, 2010; eligibility to obtain motor vehicle registration and number plates. Any repeat intoxicated driver arrested for a violation of section 291E-61 or 291E-61.5 after December 31, 2010, may request that the director remove any stopper imposed on the motor vehicle registration files pursuant to part III of chapter 291E. Upon request, the director shall remove the stopper as soon as practicable. [L 2012, c 327, §3]

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Last modified: October 27, 2016