speeding ticket

[Lynn Austin]

I recently was given a speeding ticket for going over 80 mph on a clear, straight road with no one in sight. I really didn't even realize my speed until I heard the siren. I know I was wrong but now I have been told I must go to court, have a criminal lawyer and could loose my license as well as being fined and even have a chance of prison time! I work, sometimes across island, and live in Puna so a car is critical to my life.
I have found that the criminal lawyers are Stanton Oshiro, Douglas Halstead and Mr Alcain from Brian DeLima's office. Has anyone had any experience with this situation and with being defended by any of these men with positive or negative results. I realize there will be penalties and I am prepared to pay them but, especially the loss of my license would be very detrimental to my livelihood. I would much appreciate any insight anyone could provide.

[terracore]

Do you have AAA ? They reimburse some attorney's fees for these things.

MCA "Mandatory court appearance" Sounds like a big deal but it usually isn't. There are no aggravating circumstances (you weren't drunk, swerving around a school bus etc). I'd still get a laywer but prepare your wrist for a minor slapping either way.

[macuu222]

Probably Saddle road up by the military training center. It's very easy to do up there since there is very little traffic and long straight stretches. The excessive speeding law went into effect in 2006. And yes it is harsh. But a first offence is usually just a fine.



"EXCESSIVE-SPEEDING LAW

A new excessive-speeding law goes into effect on New Year's Day 2006.

Drivers caught traveling at excessive speeds — defined as 30 miles over the posted speed limit or 80 mph or more — are subject to the law.

Fines for offenders range from $500 to $1,000. Violators could also be ordered to attend a drivers' education course. Other penalties include:


For first-time offenders: A 30-day license suspension, 36 hours of community service or up to five days in jail.

For violators with one previous conviction: A 30-day license suspension, 120 hours of community service or up to 14 days in jail.

Those with two previous convictions: A license revocation for 90 days to a year and 10 to 30 days of imprisonment. "

[cwaters]

I have had great success with Doug Halsted, plus he is a honest and very nice guy.

[dfryman]

From what I have heard and from what I have read in the paper, Stanton Oshiro is very good.

Donna

[Sue Nomie]

We recently got a ticket on Saddle Road heading into Hilo. We were in an unfamiliar rental SUV rented take guests to the summit. We were trying to use gears instead of constant breaking A PER THE BIG NOTE ON THE DASH. We came around a curve where the posted speed dropped suddenly to 45 and maybe 50 yrds later went back up to 55. Yep, it was a speed trap. I no sooner said "watch your speed here"to my husband
and bingo. There appeared a car on the shoulder. Yes, we were speeding, Yes, it could have been much worse. But when presenting an officer a clean commercial drivers license there is supposed to be some consideration. I'm not sure if we were visitors if it may have been overlooked or worse. BUT, all I can say is be careful I guess HI need cash bad here. Seems a bit unfair to set a TRAP. There are so many bad drivers that just speed everywhere we really don't need a TRAP the average good driver.

[DTisme]

I was in traffic school once in calif, and this lady was complaining that she was speeding, but " there was no one on the road." The facilitator said, " the cop was." probably not funny to you right now, but still.

[missydog1]

It is really easy to get up to 80 on that stretch of the Saddle, but I'm careful not to because of that law. Sorry you have to go through this!

Sue:

quote:

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We were trying to use gears instead of constant breaking A PER THE BIG NOTE ON THE DASH.

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I'm guessing those instructions refer to the descent from the summit to the VIS, which is too steep a grade for braking alone to do the job. Unless the company (Harper's) is over the top about using brakes.

I don't believe the changing speed limits are traps per se. In my experience there is always a reason for the speed change. There's a difference between arbitrarily setting limits to trap people and having the police hang out in spots where people routinely speed.

The tourists all think they are being targeted and not residents. Not based on any real evidence, although tourists are not going to go to court and contest the ticket.

There was a tourist post I saw where the guy got stopped going 30 mph or more above the speed on Saddle and ticketed, and was protesting, and the officer told him that if he so chose, officer could take him to jail on the spot. So they can get real serious with that law if they want to.

I saw a Hawaii law firm online that deals primarily with traffic cases. I don't know if it is good or more for Oahu, but I'll see if I can find it.

I would interview the three firms, first see if they will even take your case or are too busy. Then ask them about their success rate and what results they have gotten. Yes, it is nice to have references but you want to hear what they have to say ... unless they won't give you an initial free consult.

[missydog1]

Here is what an Oahu attorney who specializes in such cases says about this law, just as an FYI:

quote:

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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.

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http://www.hicriminaldefense.com/duiexcessive-speeding/

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.

[Steve S.]

I got a speeding ticket near Hawi last September and I got off completely by simply writing a letter to the court disputing the validity of the ticket because it contained illegible information . The officer had made a correction on the citation where he had to calculate the miles per hour over the limit I was driving, so it invalidated the entire citation. It is worth a try at least.

"Peace and long life"