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  1. #11
    Join Date
    Sep 2010
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    19,901

    Default Re: Parking Ticket at an Airport

    Any of those is possible, but frankly, if he didn't make an attempt to stop you at the time, he probably isn't going to. It's not like you drove off while he had his foot on your fender writing the citation.

  2. #12
    Join Date
    Oct 2016
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    1,131

    Default Re: Parking Ticket at an Airport

    Quote Quoting DC77
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    So what scenarios am I looking at?? 1) It just goes away 2) It gets mailed to me 3) I get a warrant for my arrest??? Is this what I'm gathering?
    Arrest for a parking violation? No.

    Either it's already gone nowhere or you'll get a late notice in the mail.

    I know nothing about Hawaii but I would say if hear nothing after 90 days then you're fine (no pun intended).

  3. #13
    Join Date
    Nov 2009
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    886

    Default Re: Parking Ticket at an Airport

    Quote Quoting DC77
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    Is there anything damaging he can do?? Nothing was communicated and I don't like open ends.
    Per Hawai’i Civil Traffic Rules 6 and 7:
    Quote Quoting Hawai’i Civil Traffic Rules
    Rule 6. COMMENCEMENT OF ACTION. An action is commenced by serving the notice of infraction on the driver of a motor vehicle or by affixing the notice conspicuously to the vehicle.

    Rule 7. FILING THE NOTICE OF INFRACTION. The officer or some other person authorized by the issuing entity shall file the original of the notice of infraction with, or transmit an electronic copy of the notice of infraction to, the Traffic Violations Bureau or District Court in the circuit where the alleged infraction occurred, no later than ten (10) calendar days after the date the notice is issued.
    If you want closure, check with the court after at least 10 days and confirm that nothing has been filed relating to your name/vehicle license.

  4. #14
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    544

    Default Re: Parking Ticket at an Airport

    Quote Quoting flyingron
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    ...the charges need to be delivered to the defendant either via summons or citation...
    Exactly...this is known as "service of process."

    Hawaii Civil Traffic Rules, Rule 6. "COMMENCEMENT OF ACTION. An action is commenced by serving the notice [service of process] of infraction on the driver of a motor vehicle..."

  5. #15
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Parking Ticket at an Airport

    What makes you think this is a civil traffic violation? As I pointed out in the earlier post. The lane violation at the airport is in the criminal code.

  6. #16
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    544

    Default Re: Parking Ticket at an Airport

    Quote Quoting flyingron
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    What makes you think this is a civil traffic violation?
    Here is an excerpt from the Hawaii State Judiciary website:

    "Most traffic violations in Hawaii are civil infractions. A civil traffic infraction is a violation of a statute, ordinance or rule relating to traffic movement and control (including parking, standing, equipment, miscellaneous and pedestrian offenses) for which the penalties do not include imprisonment. Examples include speeding, running a stop sign, driving without a seat belt, having an expired safety check sticker and parking where prohibited."

    Quote Quoting flyingron
    View Post
    The lane violation at the airport is in the criminal code.
    What lane violation are you talking about? This is a parking violation.

    Maybe cite the code section?

  7. #17
    Join Date
    Nov 2009
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    886

    Default Re: Parking Ticket at an Airport

    Regarding the discussion as to whether the alleged violation in this thread is civil or criminal, I’ll quote below from the Hawaii Administrative Rules concerning Operation of Motor Vehicles at Public Airports:

    Quote Quoting Hawaii Administrative Rules §19-15.1-3
    Applicability of statutes, traffic codes, and county ordinances. State statutes, the traffic code and applicable ordinances of the particular county in which the public airport is located, shall apply to the operation of motor vehicles on the public vehicular parking areas and roadways of a public airport as though the parking areas and roadways are a part of the public streets, roads, or highways of the particular county involved…
    Quote Quoting Hawaii Administrative Rules §19-15.1-8(a)(7)
    No operator shall: Leave any vehicle unattended in either an operational or parked condition on a public airport except in authorized parking area…
    Since most traffic violations in Hawaii are civil and airport roadways are regarded the same as a public street, I would think this violation would be civil.

  8. #18
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    Sep 2010
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    19,901

    Default Re: Parking Ticket at an Airport

    You're wrong on two points.

    First the actual LAW is Title 15 of the Hawaii Revised Statutes, 261-21. This places it as a traffic infraction under Title 17 section 291D of the HRS.
    The treatment of that process is spelled out well there and is not CIVIL at all. It does exempt most from having an arraignment.

  9. #19
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Parking Ticket at an Airport

    Flyingron: Thanks for providing law references. I’ll pursue the discussion because it is central to this thread and future readers from Hawaii regarding whether or not most infractions are civil. If anyone else wants to comment or set me straight or whatever, please feel free.

    So at least we’re agreed that the alleged violation in this thread is a traffic violation:
    Quote Quoting HI Rev Stat § 261-21(c)
    Any person violating any rule relating to parking of motor vehicles or equipment at a public airport, including baggage carts, dollies, and other similar devices, shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein.
    Note the phrase “any rule (like the rule I quoted above that the original poster was accused of).

    Where I’m having trouble concerns your interpretation of a parking violation as “not CIVIL at all” so to illustrate I will quote an entire section with emphasis added where relevant. I know this makes a long post, but it’s important to see how the context distinguishes between civil and criminal. Note that the word “CIVIL” is used FOUR times in combination with “traffic infraction”. Also note that regarding traffic infractions, rule violations are lumped together with statute violations (first paragraph below), and this thread concerns a rule violation as quoted earlier.

    Quote Quoting HI Rev Stat § 291D-3
    (a) Notwithstanding any other provision of law to the contrary, all traffic infractions, including traffic infractions committed by minors, shall be adjudicated pursuant to this chapter, except as provided in subsection (b). This chapter shall be applied uniformly throughout the State and in all counties. No penal sanction that includes imprisonment shall apply to a violation of a state statute or rule, or county ordinance or rule, that would constitute a traffic infraction under this chapter. No traffic infraction shall be classified as a criminal offense.

    (b) Where a defendant is charged with a traffic infraction and the infraction is committed in the same course of conduct as a criminal offense for which the offender is arrested or charged, the traffic infraction shall be adjudicated pursuant to this chapter; provided that the court may schedule any initial appearance, hearing, or trial on the traffic infraction at the same date, time, and place as the arraignment, hearing, or trial on the related criminal offense.

    Notwithstanding this subsection and subsection (c), the court shall not schedule any initial appearance, hearing, or trial on the traffic infraction at the same date, time, and place as the arraignment, hearing, or trial on the related criminal offense where the related criminal offense is a felony or is a misdemeanor for which the defendant has demanded a jury trial.

    (c) If the defendant requests a trial pursuant to section 291D-13, the trial shall be held in the district court of the circuit in which the traffic infraction was committed. If the court schedules a concurrent trial pursuant to paragraph (1), the concurrent trial shall be held in the appropriate district or family court of the circuit in which the traffic infraction was committed, whichever has jurisdiction over the related criminal offense charged pursuant to the applicable statute or rule of court; provided that:

    (1) The district or family court, for the purpose of trial, may schedule a civil trial on the traffic infraction on the same date and at the same time as a criminal trial on the related criminal offense charged. The court shall enter a civil judgment as to the traffic infraction and a judgment of conviction or acquittal as to the related criminal offense following such concurrent trial; and

    (2) If trial on the traffic infraction is held separately from and prior to trial on any related criminal offense, the following shall be inadmissible in the prosecution or trial of the related criminal offense, except as expressly provided by the Hawaii rules of evidence:

    (A) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 291D-7(b); and

    (B) Any testimony given by the defendant in the trial on the traffic infraction.

    Such statements or testimony shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense.

    (d) In no event shall section 701-109 preclude prosecution for a related criminal offense where a traffic infraction committed in the same course of conduct has been adjudicated pursuant to this chapter.

    (e) If the defendant fails to appear at any scheduled court date prior to the date of trial or concurrent trial and:

    (1) The defendant's civil liability for the traffic infraction has not yet been adjudicated pursuant to section 291D-8, the court shall enter a judgment by default in favor of the State for the traffic infraction unless the court determines that good cause or excusable neglect exists for the defendant's failure to appear; or

    (2) The defendant's civil liability for the traffic infraction has been adjudicated previously pursuant to section 291D-8, the judgment earlier entered in favor of the State shall stand unless the court determines that good cause or excusable neglect exists for the defendant's failure to appear.

    (f) If the defendant fails to appear at any scheduled court date prior to concurrent trial or fails to appear for concurrent trial scheduled pursuant to subsection (c)(1), the court shall enter a disposition pursuant to the Hawaii rules of penal procedure for the criminal offense.

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