Hawaii Revised Statutes 291D-2 – Definitions
Terms Used In Hawaii Revised Statutes 291D-2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Emergency period infraction: means all occurrences of noncompliance with rules adopted by the governor or a mayor pursuant to chapter 127A, which are stated and designated in the rule as being an emergency period infraction. See Hawaii Revised Statutes 291D-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Notice of traffic infraction: includes a notice of parking infraction. See Hawaii Revised Statutes 291D-2
- Related criminal offense: means any criminal violation or crime, committed in the same course of conduct as a traffic infraction or emergency period infraction, for which the defendant is arrested or charged. See Hawaii Revised Statutes 291D-2
- Traffic infraction: means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter. See Hawaii Revised Statutes 291D-2
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trial: means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence. See Hawaii Revised Statutes 291D-2
As used in this chapter:
“Concurrent trial” means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged traffic infraction or emergency period infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time.
“Emergency period infraction” means all occurrences of noncompliance with rules adopted by the governor or a mayor pursuant to chapter 127A, which are stated and designated in the rule as being an emergency period infraction.
“Hearing” means a proceeding conducted by the district court pursuant to § 291D-8 at which the person to whom a notice of traffic infraction or notice of emergency period infraction was issued either admits to the infraction, contests the notice of traffic infraction or notice of emergency period infraction, or admits to the traffic infraction or emergency period infraction but offers an explanation to mitigate the monetary assessment imposed.
“Notice of traffic infraction” includes a notice of parking infraction.
“Related criminal offense” means any criminal violation or crime, committed in the same course of conduct as a traffic infraction or emergency period infraction, for which the defendant is arrested or charged.
“Traffic infraction” means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter.
“Trial” means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence.