If you want to contest a traffic ticket in Hawaii, the law gives you a chance to answer the notice and either admit the infraction and pay, or deny it and request a hearing. If you deny the ticket and request a hearing, the court will either schedule a hearing where you can appear, or accept a written statement of the grounds for contesting the ticket.
At a hearing the court considers the officer's written notice and any other reports provided, and hears your oral or written statement. The court decides whether the infraction was proved by a preponderance of the evidence. If the court finds the infraction was committed, it will enter judgment for the State and assess fines and fees, and the court will tell you about the right to request a trial under the district court rules.
Current Hawaii law
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The statute requiring an answer gives you 21 days to respond to a notice of traffic infraction, and sets out options to admit and pay or deny and request a hearing, including the option to submit a written statement in place of appearing in person: Haw. Rev. Stat. § 291D-6. If you deny and request an in-person hearing, the court must notify you of the hearing date and warn that failing to appear may result in a default judgment: Haw. Rev. Stat. § 291D-7. At a contest hearing the court may consider the officer's written report, subpoena witnesses, and applies a preponderance of the evidence standard; the court must enter judgment dismissing the notice if the infraction is not established, or enter judgment for the State and assess monetary amounts if it is established: Haw. Rev. Stat. § 291D-8. If judgment is entered against the defendant after contest proceedings, the defendant may request a trial under the Hawaii rules of evidence and district court rules, with any request for trial to be made within thirty days of entry of judgment: Haw. Rev. Stat. § 291D-13. The statutes also describe the required citation form and how citations are delivered: Haw. Rev. Stat. § 291C-165.
What to do
A common first step is to read the notice to see the deadline and available options stated on the form.
A common next step is to decide whether to admit and pay the specified amount or deny and request a hearing as provided on the notice: Haw. Rev. Stat. § 291D-6.
A common option is to submit a written statement of the grounds for contesting the ticket instead of appearing in person, when that option is allowed: Haw. Rev. Stat. § 291D-6.
A common step at or before the hearing is to be prepared to present any written evidence and statements, and note that the court may subpoena the issuing officer: Haw. Rev. Stat. § 291D-8.
A common follow-up is to request a trial within thirty days after a judgment entered against you if you want to proceed to trial under the district court rules: Haw. Rev. Stat. § 291D-13.
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Common questions
What happens if I do not answer the notice?
If you fail to answer after requesting a hearing date was set, the court may enter judgment by default for the State and the amount specified becomes due within thirty days of the default judgment: Haw. Rev. Stat. § 291D-7.
Can I contest the ticket by written statement instead of going to court?
Yes, the statute allows submitting a written statement of the grounds for contesting the notice in lieu of a personal appearance when the notice does not require an in-person appearance: Haw. Rev. Stat. § 291D-6.
What standard of proof does the court use at a hearing?
The court applies the preponderance of the evidence standard to determine whether the infraction was committed: Haw. Rev. Stat. § 291D-8.
If the court finds I committed the infraction, can I still have a trial?
After contest proceedings, if judgment is entered against the defendant, the defendant may request a trial under the Hawaii rules of evidence and district court rules, and any request for trial must be made within thirty days of entry of judgment: Haw. Rev. Stat. § 291D-13.
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This content provides legal information about Hawaii traffic infraction procedures and is not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
