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-48 Special motor vehicle registration. (a) Anytime after the effective date of revocation or after the administrative hearing decision is mailed pursuant to section 291E-38(i), a qualified household member or co-owner of a motor vehicle with a respondent who has had a motor vehicle registration revoked under this part may submit a sworn statement to the director requesting a special motor vehicle registration. The director may grant the request upon determining that the following conditions have been met:
(1) The applicant is a household member of the respondent's or a co-owner of the vehicle;
(2) The applicant has a license that has not expired or been suspended or revoked;
(3) The applicant is completely dependent on the motor vehicle for the necessities of life;
(4) The director finds that the applicant will take reasonable precautions to ensure that the respondent will not drive the vehicle; and
(5) The respondent does not have a valid ignition interlock permit.
A person to whom a special motor vehicle registration has been granted shall apply to the director of the appropriate county agency for special series number plates, as provided in section 249-9.4.
(b) The director shall revoke the special motor vehicle registration if any one of the conditions set forth in the application no longer exist.
(c) The applicant shall be under an affirmative duty to report to the director any changes in the conditions to the special motor vehicle registration.
(d) The director shall adopt rules, pursuant to chapter 91, necessary to carry out the purposes of this section. [L 2001, c 157, pt of §3; am L 2010, c 166, §18; am L 2012, c 327, §20]
Section: Previous 291e-43 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 NextLast modified: October 27, 2016