Hawaii Motion to Dismiss Traffic Citation

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Multi-State
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US-03341BG
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Word; 
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Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:


" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.


The prosecution will have to prove each element of the infraction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

Hawaii excessive speeding ticket dismissal Unfortunately, In Hawaii, you cannot take a defensive driving course to fight a criminal speeding ticket. You have to go to court for that. There is a chance that the prosecuting attorney and judge will amend and reduce the charges from criminal to civil.

Penalties. In most states, a traffic infraction can't result in jail time. Potential penalties generally include a fine, traffic school, and demerit points on the motorist's driving record. Accumulating a certain number of points can result in increased insurance premiums and license suspension.

How long will the case information stay on my record? HRS Section 287-3 requires that Traffic Violations Bureau abstracts contain ?all alleged moving violations.? In addition, for state sanctioning purposes, Hawai`i courts must retain at least ten years of information about certain moving violations.

One of the most effective ways to get a speeding ticket dismissed in Hawaii is by presenting evidence and witnesses that support your case. Collect any relevant documents, such as speedometer calibration records or maintenance receipts, that can challenge the accuracy of the radar gun used to measure your speed.

Rule 15 - Default Judgment and Stopper (a) Entry of Judgment. A default judgment may be entered when the defendant fails to answer or respond to the notice of infraction within twenty-one (21) calendar days from the date the notice of infraction was issued, or fails to appear at any scheduled hearing.

A speeding ticket can lead to points on your license, and you will have to pay the fine associated with the infraction. The amount that you could have to pay depends on the number of speeding tickets on your record, how fast you were going and other factors.

If you want to plead ?not guilty" to the violation, you can request a contested hearing at the relevant county court by checking the appropriate check box on your ticket and then mailing it in to the court. You can also contest it right on your phone by using the Off The Record app.

Challenging Your HI Traffic Ticket Requesting an in-court hearing. Fill out all appropriate areas of your traffic ticket. Mail the ticket to the proper court. Submitting a written statement for review. Write a brief, factual statement about the incident. Include any photographs or other evidence.

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Hawaii Motion to Dismiss Traffic Citation