03-25-2010, 02:08 PM
David, this is going to piss off a whole bunch of people who know the secret.
Most states, a vehicle/traffic law violation is based on two things:
(1) A generic state violation such as a law that says its a violation to exceed the posted speed limit, and,
(2) The specific violation by location such as a posted speed limit sign on a specific street.
So on Main Street between Oak and Elm is a 35 MPH speed limit sign and you go 40 MPH, you get a ticket. Besides that generic state law violation (#1 above) odds are there in no specific law that says Main Street from Oak to Elm is 35 MPH.
But Hawaii requires all speed and some other violations to be specifically written in the law. So if the law says a stretch of road is 35 MPH and the sign says 30 MPH, they can't issue you a ticket unless you’re exceeding the limit written in the law. Technically, you should be able to pick any street on the island and by reading Hawaii County Code; you should know every speed limit on every street. You should know every intersection with left or right hand restrictions, where U-Turns are prohibited, and how long you can park in an area.
The key is, if the State and County says this and that is the law, I’ll hold them to their word. [
]
Most states, a vehicle/traffic law violation is based on two things:
(1) A generic state violation such as a law that says its a violation to exceed the posted speed limit, and,
(2) The specific violation by location such as a posted speed limit sign on a specific street.
So on Main Street between Oak and Elm is a 35 MPH speed limit sign and you go 40 MPH, you get a ticket. Besides that generic state law violation (#1 above) odds are there in no specific law that says Main Street from Oak to Elm is 35 MPH.
But Hawaii requires all speed and some other violations to be specifically written in the law. So if the law says a stretch of road is 35 MPH and the sign says 30 MPH, they can't issue you a ticket unless you’re exceeding the limit written in the law. Technically, you should be able to pick any street on the island and by reading Hawaii County Code; you should know every speed limit on every street. You should know every intersection with left or right hand restrictions, where U-Turns are prohibited, and how long you can park in an area.
The key is, if the State and County says this and that is the law, I’ll hold them to their word. [
]