Haw. Rev. Stat. § 291C-102

Current through Chapter 253 of the 2024 Legislative Session

Section 291C-102 - Noncompliance with speed limit prohibited

(a) A person violates this section if the person drives:

(1) A motor vehicle at a speed greater than the maximum speed limit other than provided in section 291C-105; or

(2) A motor vehicle at a speed less than the minimum speed limit,

where the maximum or minimum speed limit is established by county ordinance or by official signs placed by the director of transportation on highways under the director's jurisdiction.

(b) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

HRS § 291C-102

L 1971, c 150, pt of §1; am L 1984, c 273, §8; gen ch 1985; am L 2002, c 160, §10; am L 2004, c 102, §2; am L 2006, c 129, §3 .

Speeding law not criminal, therefore, not assimilated under the Assimilative Crimes Act. 900 F.2d 1346. Traffic citation issued to defendant on a military installation, referencing only Hawaii state law (this section) and reciting the facts of defendant's speeding violation, provided insufficient notice to defendant that defendant faced a criminal violation of federal law. 537 F. Supp. 2d 1116. In prosecution under this section, prosecutor has burden of proving that speed limit was established in one of ways specified in this section. 57 H. 277, 554 P.2d 767. Tuning fork used to calibrate radar gun was itself accurately calibrated. 70 H. 580, 779 P.2d 11. Where trial court properly took judicial notice of the speed limit, as required by HRE rule 202(b), there was sufficient evidence to find motorist guilty of violating subsection (a). 95 H. 22, 18 P.3d 884. Defendant was effectively put on notice of allegedly exceeding speed limit established by county ordinance. 9 H. App. 73,823 P.2d 154.