02-26-2012, 12:28 PM
Here is what an Oahu attorney who specializes in such cases says about this law, just as an FYI:
It sounds worthwhile to avoid conviction if possible!
DT, that is funny to me. I have gotten two tickets in my life, and both times the cop and I were the only ones around. The first time I was driving the highway in northern New Mexico at night and I hadn't seen a headlight or brake light for some time, just no other traffic around at all. So I came to my turn and I failed to signal because there was no one to see the signal ... and then the lights came on, cop was sitting off the side of the highway waiting.
Ever since, I have put my signal flasher on no matter how silly it feels to signal to nobody.
quote:http://www.hicriminaldefense.com/duiexcessive-speeding/
Any person who violates this section shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:
For a first offense not preceded by a prior conviction for an offense under this section in the preceding five years:
A fine of not less than $500 and not more than $1,000;
Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes;
Attendance in a course of instruction in driver retraining;
A surcharge of $25 to be deposited into the neurotrauma special fund;
May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;
An assessment for driver education pursuant to section 286G-3; and
Either one of the following:
Thirty-six hours of community service work; or
Not less than forty-eight hours and not more than five days of imprisonment.
The penalties for Excessive Speeding increase for second and third offenses. As the statute indicates, the penalties for Excessive Speeding are unusually high, even for a first offense. These penalties are also mandatory, which means that even if this is the first ticket you ever received in your life, the judge will have no choice but to sentence you to the aforementioned penalties if you are convicted of Excessive Speeding.
In addition to the criminal penalties, being convicted of Excessive Speeding will require you to obtain SR-22 auto insurance (high-risk insurance).
As previously mentioned, many Excessive Speeding cases can be defended on legal grounds and you should contact an attorney for a consultation.
It sounds worthwhile to avoid conviction if possible!
DT, that is funny to me. I have gotten two tickets in my life, and both times the cop and I were the only ones around. The first time I was driving the highway in northern New Mexico at night and I hadn't seen a headlight or brake light for some time, just no other traffic around at all. So I came to my turn and I failed to signal because there was no one to see the signal ... and then the lights came on, cop was sitting off the side of the highway waiting.
Ever since, I have put my signal flasher on no matter how silly it feels to signal to nobody.