Busted in Maui! Help fighting the ticket

[dtfastbear]

So I'm cruising down the Haleakala Highway in my rental Ford Focus yesterday (on my honeymoon) and I make a *kinda* aggressive move around a car going very slowly - and there is a minivan and a truck carrying horses ahead of her. Anyway, about 4 miles down the very twisty road, a police officer is standing by the side of the road and waves me over (and the car behind me).

It turns out the car that I supposedly passed illegally was a State park employee (NOT a police officer) and she called ahead and told the officer that I made an illegal pass. Well, this police officer writes me a violation for passing on a double yellow based ONLY on the testimony of this other person.

When I started to argue with the cop, saying "You weren't there. How can you site me?" She said that if I fight the ticket she'll get this other state employee to write a witness report and this person will show up in court with her.

So, I leave Hawaii in two days, so I'm obviously at a huge disadvantage here. I'm not flying back here to appear in traffic court. And Hawaii and California have reciprocity, so this will count on my CA driving record and raise my insurance premiums. HELP!

What are my rights? What can I do?

Dean

[1973911s]

It is really tuff to fight a ticket over there. I am waiting on a call from someone on Oahu and will ask them there thoughts on what you should do.

Michael

[nostatic]

oh, just blow it off and don't pay. We don't have extradition with that country anyway.

What's that? It's part of the US? Since when?!? Then why did the nice man at the Honolulu airport offer to change all of my dollars for special Hawaiian drachmas? No wonder they got cranky at the Waikiki McDonalds when I tried to pay...

A semi-aggressive move in Hawaii? When I'm over there I'm not capable of that...just surf, eat, lounge and sleep. At any rate, sounds like you're hosed...the state employee will likely be considered a "law enforcement equivalent" in court, and you lose. Bummer.

[dtfastbear]

Michael - Thanks - I look forward to hearing what your friend has to say.

Nostatic - I'm afraid you're right, but that just doesn't seem fair to me. How much traffic code training does the "law enforcement equivalent" person have? Well, she obviously passed her driver's test about 30 years ago... The thing that really upsets me is that the officer was not even INTERESTED in my side of the story. She never asked me: Did you pass this car over a double-yellow line. Her friend was pissed at how I was driving and she did her a favor and wrote me a ticket. Just doesn'l seem right...

[yelcab1]

Fight the hell out of it, and have the court arrange for you to appear by phone.

The witness needs to be summoned to appear and not just submit a statement by the police. if the police tries to submit a statement, try to reject it on hearsay evidence. Also try to reject on the grounds that the police officer is NOT an attorney, only a witness and cannot submit statements by any other persons.

if the court allows that crap, appeal to the higher court.

[wckrause]

Did you pass on a double yellow?

[juanbenae]

dean, congrats on the nuptials, tell laura i said nice work too. sorry to hear you got the hawian hose, can you do a cross the pond traffic school? if the dmv records are shared maybe the option for traffic school is open.

hey looks as if i will be racing the kart on the 17th of this month in atwater, in the turkey run. its the road course, oval, and i think a timed couple of laps, not sure though. its a fun run affair, no points so im going for just the bird! let me know if you want to shoot down, i can email you a link with directions.

i wonder how magnum PI used to get away with the crazy driving on the island?

[targa911man]

Try this guy:

Gary Robert
808 Wainee St., Ste. 201
Lahaina, HI 96761
(808) 667-7741
Fax (808) 667-7550

[Seven-Seven]

Dean--

I'm not familiar with the moving violation laws in Maui County (one of several county jurisdictions in the state of Hawaii), but in Honolulu, such citations (aka Complaints & Summons) come with several options: 1) Request for Trial; 2) Payment using a Visa/MC (they LOVE when you go this route, for obvious reasons); or 3) Submit a written statement. The backside of the citation should list the options available to you.

If you did, in fact, pass a car in a zone marked by a solid line --and there are many such zones up and down Haleakala Hwy-- then chances are pretty good that the judge will find you guilty, especially if the "witness" corroborates. If the witness is a State park employee, then he/she will probably be paid to sit in the park and write her statement while sippin' on a latte. You could attempt to attribute your action to the other driver ('she waved me around....I thought she was having car trouble), or find fault in the road conditions ('the lane paint was faded....I thought it was a dashed line') but it might be a tough sell.

Good luck!

[Ed Robitaille]

Dean,

Sorry guy you may be screwed. Never contest the ticket with the cop. They are trained to ask questions that lead you to make a guilty statement. WHen asked by the officer why you where stoped never state you know why. Your best answer is: I don't know officer. Why did you stop me? THey then must tell you why they stopped you agian the safe answer is I ALWAYS DRIVE SAFELY AND I PASSED WHEN SAFE AND REASONABLE FOR THE CONDITIONS. Ask for a warning.

If the cop still gives you a ticket you may still be able to beat it without a trip to Hawaii. Check with the DMV in Hawaii, in Ca. you can contest your citation by completing a Written Not Guilty Plea and Trial by Written Declaration.

If you do so the cop must fill out a ton of paper work and interview the wittness, often times they simple don't want the hassle and let the case drop by not meeting the court dead line. It's worked for me and my son.

Good luck.

Ed

[dtfastbear]

Thanks for all the input, guys. To answer Bill's question - did I in fact pass on a double yellow, the answer is - sort of. In the 12 days that I've been in Hawaii I've noticed that islanders a)tend to drive pretty slow and b)will move to the right (nearly off the side of the road) to let you by if you come up behind them. I saw this many many times on the Islands already this trip. They don't stop at a turnout, they simply slow down and move to the right to let you by. Anyway, as I approached this car from behind, she moved to the right a bit - there was not a big shoulder, so she couldn't have moved completely off the road, and I thought she was letting me by. Well, obviously she wasn't and it ticked her off that I went by.

The only options I have on the ticket are to pay via credit card or plead not guilty and request a hearing. The only name or address on the whole citation is a Central Processing Buruea in Atlanta, GA. What a racket. So, I guess I have to just plead not guilty, wait for a court date to be set, then contact the court directly to reques a trial by phone or via correspondence? It stinks that the system is set up to make it difficult for me to actually TALK to anyone about my rights or the process.

Is Gary Robert an attorney??

Toby - Laura and I will be running the Carrera at Thunderhill that weekend, so I can't make Atwater. You should see the sweet kart track that the Maui Karting association has here!!!

Dean

[targa911man]

Gary Robert is an attorney. He might be able to make it go away or get it amended to something that won't affect your license without your going back there.

[Huey581]

Just find out how much you owe and pay the fine. Chalk it up to
"Tuition" paid to not cross yellow lines. You have a better chance B.S'n your insurance agent if he finds out than a "Tropical Judge"!

[ccandgc]

The cops here in HI are dumb....they stick to there guns and dont budge. Its almost pointless to contest, what I do is just pay the stupid ticket.
Dont wait to long to decide on what you are going to do....I think you have 10 days to pay the fine, and after that, they issue a traffic warrant and doudle/triple the fines.

Good luck

ChadC
71 911s Targa

[pbs911]

As a former long term resident of Hawaii, here is my advise.

If your great, great grandfather came to the islands before the cop's, judge's or prosecuting attorney's great, great grandfather, you have a chance. If not pay the ticket. Sort of a senority of rights - whoever's family has been there the longest wins.

[Seven-Seven]

"The cops here in HI are dumb..." Spoken like someone who's had a run in or two!

How's this Chad: Last summer, over in the Ward Center area, a cop (an old timer who is still a private) cited me for "failure to signal an intent to turn," and that was a big fat lie 'cuz I'm a turn signal fanatic. What was REALLY stupid about the whole thing --read: asinine-- is that the cop cited me for failure to signal for a right turn in a right-turn ONLY lane, at a fork in the road where a driver MUST turn left (from the left most lane) or right (from the right most lane.) duh!

Suffice it to say, I beat the rap with a letter to the judge that was accompanied by photos that described the road conditions. I believe I proved to the job that the cop was either bored, and/or stupid, and/or had it out for people driving ANYTHING nicer than his old Ford Taurus.

Cost of living in Paradise, perhaps.

Cheers

[ccandgc]

A run in or 2!!!HAH! When I was a teenager, I was on a first name basis with all the cops in Kailua!
Im a good boy now.
Funny what the cops do...I see them make illegal lane changes, california stops, etc. all the time. I guess being a cop get you a license to carry a gun and disobey basic traffic laws.


oh well.....


ChadC
71 911S Targa

[Porsche911NYC]

There's a fine line between being a cop and a criminal.

[clay1g]

"Thanks for all the input, guys. To answer Bill's question - did I in fact pass on a double yellow, the answer is - sort of. In the 12 days that I've been in Hawaii I've noticed that islanders a)tend to drive pretty slow and b)will move to the right (nearly off the side of the road) to let you by if you come up behind them. "

Regardless of how far islanders moved over to let you pass, you passed on a double yellow line. And that's against the law.

Why is it that when someone gets a ticket, their first reaction is "FIGHT IT". Even though they know they're guilty.

Pay the fine and don't pass on double yellows.

[ccandgc]

I just came back to HI from 3 weeks in CA, and it amazes me how slow people here drive! On the other hand, HI just had its first major traffic collision-a 43 car pile up....probly caused by people passing a fast lane bandit. But you almost always get a wave for letting someone merge in.


ChadC
71 911S Targa