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Criminal Charge for Sleeping in Car

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  • 10-18-2012, 08:50 AM
    tim25
    Criminal Charge for Sleeping in Car
    My question involves criminal law for the state of: Hawaii

    I was just charged as a criminal for sleeping on the side of a highway across from a beach in Kauai. Can i get the charge dropped? I was in a rental vehicle and was too tired to drive.
  • 10-18-2012, 11:32 AM
    antrc170
    Re: Criminal Charge for Sleeping in Car in Hawaii
    Whats the charge?
  • 10-18-2012, 11:57 AM
    tim25
    Re: Criminal Charge for Sleeping in Car in Hawaii
    Quote:

    Quoting antrc170
    View Post
    Whats the charge?

    Prohibited use of vehicle - Sleeping in Vehicle

    Section: KCC 16-12 3

    There are three boxes on the top of the ticket: Traffic Crime, Infraction, and Criminal. Criminal is checked.
  • 10-18-2012, 12:21 PM
    flyingron
    Re: Criminal Charge for Sleeping in Car in Hawaii
    Must be a local statute. The state wide statute is HRS 291C-112, but it provides for local ordinances to override it.
  • 10-18-2012, 12:54 PM
    antrc170
    Re: Criminal Charge for Sleeping in Car in Hawaii
    I think its the Kauai County Code, but I couldn't find it online.
  • 10-18-2012, 12:55 PM
    Disagreeable
    Re: Criminal Charge for Sleeping in Car in Hawaii
    I would investigate the statute. Under the state statute, there is an exception you might fall under, if you can prove you had already rented a hotel or condo for that period of time. Here is what I am referring to in the state statute; "(c) This section does not apply to the parking of vehicles and their use for purposes of human habitation in parks, camps, and other recreational areas in compliance with law and applicable rules and regulations, or under emergency conditions in the interest of vehicular safety.
  • 10-18-2012, 01:10 PM
    tim25
    Re: Criminal Charge for Sleeping in Car in Hawaii
    Hey i have another question, if i was not a us citizen, what would happen in this situation? By the way i thinking of abandoning my us citizenship as i have duel citizenship and living in the country my birth.
  • 10-18-2012, 01:13 PM
    Disagreeable
    Re: Criminal Charge for Sleeping in Car in Hawaii
    Quote:

    Quoting tim25
    View Post
    Hey i have another question, if i was not a us citizen, what would happen in this situation? By the way i thinking of abandoning my us citizenship as i have duel citizenship and living in the country my birth.

    You could be banned from returning to the US potentially.
  • 10-18-2012, 02:15 PM
    Mr. Knowitall
    Re: Criminal Charge for Sleeping in Car in Hawaii
    If you commit a crime, your citizenship does not matter - you can be prosecuted.
  • 10-18-2012, 02:43 PM
    tim25
    Re: Criminal Charge for Sleeping in Car in Hawaii
    would it be under international law?
  • 10-18-2012, 03:58 PM
    aaron
    Re: Criminal Charge for Sleeping in Car in Hawaii
    International law has nothing to do with it.
  • 10-18-2012, 04:49 PM
    tc498
    Re: Criminal Charge for Sleeping in Car in Hawaii
    Sometimes in cases like this you can at least plead down to a non criminal offense.
  • 10-18-2012, 05:06 PM
    PandorasBox
    Re: Criminal Charge for Sleeping in Car in Hawaii
    Don't be so rash to just run to your other country. 10 years down the road, you may wish to return to the USA and then would find the legal issue is even harder and more expensive to deal with.
  • 10-18-2012, 05:31 PM
    tc498
    Re: Criminal Charge for Sleeping in Car in Hawaii
    At worse it's a misdemeanor charge,which sucks but like pandorasbox said it's not worth the risk.
  • 10-18-2012, 07:46 PM
    tim25
    Re: Criminal Charge for Sleeping in Car in Hawaii
    I almost forgot, at first when i saw the officer i told him that he didnt look like a real cop, but after he showed me his ID i told him i was sorry. He was really pissed at me and told me that's how cops look like in New York. I'm not even from Hawaii and it was my first time seeing a hawaii cop at night. Also, the lights on his car were just blue. I've always seen them as red and blue.thats why i was scared.
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