Criminal Charge for Sleeping in Car

[tim25]

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.

[antrc170]

Whats the charge?

[tim25]

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.

[flyingron]

Must be a local statute. The state wide statute is HRS 291C-112, but it provides for local ordinances to override it.

[antrc170]

I think its the Kauai County Code, but I couldn't find it online.

[Disagreeable]

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.

[tim25]

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.

[Disagreeable]

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.

[Mr. Knowitall]

If you commit a crime, your citizenship does not matter - you can be prosecuted.

[tim25]

would it be under international law?