(a) Notwithstanding any law to the contrary, and except for the time period allowed pursuant to section291J-4(e), beginning January 1, 2021, whenever any motor vehicle is determined, by means of a photo red light imaging detector system, to have disregarded a steady red signal in violation of section 291C-32(c), the State’s or county‘s third party contractor shall cause a summons or citation, as described in this section, to be sent by first class mail to the registered owner of the motor vehicle. The summons or citation shall be mailed to the registered owner’s address on record at the vehicle licensing division and postmarked within ten calendar days after the date of the incident. If the end of the ten calendar day period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day that is not a Saturday, Sunday, or holiday.
lawyer at desk

Ask a traffic law question, get an answer ASAP!
Thousands of highly rated, verified traffic lawyers.
Parking violations, accidents, DUI/DWI, licensing, registration, and more
Protect your vehicle and your rights with expert legal help now
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 291J-6

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • County: means the counties of Hawaii, Kauai, and Maui, and the city and county of Honolulu. See Hawaii Revised Statutes 291J-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of transportation. See Hawaii Revised Statutes 291J-1
  • 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.
  • photo red light imaging detector system: means a device, or combination of devices, used for traffic enforcement pursuant to section 291C-32(c), that includes a vehicle sensor working in conjunction and synchronization with a traffic-control signal and a camera , to automatically produce and record one or more sequenced photographs, microphotographs, video, or other recorded images of the rear of the motor vehicle and motor vehicle license plate, at the time the motor vehicle fails to stop when facing a steady red traffic-control signal. See Hawaii Revised Statutes 291J-1
  • Summons: Another word for subpoena used by the criminal justice system.
(b) The form and content of the summons or citation shall be as adopted or prescribed by the administrative judge of the district courts and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the summons or citation valid within the laws of the State; provided that any summons or citation issued pursuant to the photo red light imaging detector systems program shall contain a clear and unobstructed image of the motor vehicle license plate, which shall be used as evidence of the violation.
(c) Every summons or citation shall be consecutively numbered and each copy thereof shall bear the number of its respective original.
(d) Prior to the mailing of the summons or citation for a traffic infraction pursuant to subsection (a), the applicable county police department shall review and verify the clear and unobstructed image of the license plate of the motor vehicle required under section 291J-6(b).
(e) Upon receipt of the summons or citation the registered owner shall answer as provided for in § 291D-6. A record of the mailing of the summons or citations prepared in the ordinary course of business is prima facie evidence of notification. The registered owner shall be determined by the identification of the motor vehicle license plate.
(f) Procedures regarding answering, court hearings, and court actions shall be pursuant to sections 291D-6, 291D-7, 291D-8, and 291D-13; provided that it shall not be a defense of any citation issued under this chapter that another person was driving the defendant‘s motor vehicle at the time of incident, unless the motor vehicle was stolen as documented by a police report; provided further that any reference to the defendant’s commission of the traffic infraction or similar language shall be interpreted to mean commission of the traffic infraction.

  Previous
Next  
 Chapter 291J Contents