§286-136 Penalty. (a) Except as provided in subsection (b), any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined no more than $1,000 or imprisoned no more than thirty days, or both. Any person who violates any other section in this part shall be fined no more than $1,000.
(b) Any person who is convicted of violating section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period.
(c) Notwithstanding subsections (a) and (b), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500.
(d) Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service. [L 1967, c 214, pt of §2; HRS §286-136; am L 1993, c 214, §7; am L 1996, c 169, §3; am L 2003, c 69, §5; am L 2021, c 81, §1]
Case Notes
Under subsection (b) (1996), it is the date the defendant committed the current offense for which he or she is being prosecuted that is used to determine whether the defendant has two or more prior convictions for the same offense in the preceding five-year period. 118 H. 259 (App.), 188 P.3d 773 (2008).
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
286-3 Powers and duties of the governor.
286-4.1 Medical advisory board.
286-5 State highway safety council.
286-6 County traffic or highway safety councils.
286-7 County highway safety programs.
286-9 Facilities for physically handicapped persons.
286-12 All-terrain vehicle; utility-terrain vehicle; permitted use.
286-21 Vehicles and mopeds without required equipment or in unsafe condition.
286-22 Inspection by officers of the police department.
286-23 Responsibility for compliance.
286-25 Operation of a vehicle or moped without a certificate of inspection.
286-26 Certificates of inspection.
286-26.5 Special interest vehicles.
286-27 Permits to operate official inspection stations.
286-29 Improper representation as official inspection station.
286-31 Vehicle inspector; certification; renewal.
286-42 County finance director's duties.
286-43 Defacing serial numbers, etc., of motor vehicles.
286-44 Unlawful to possess certain motor vehicles, parts, etc.; forfeiture.
286-45 Records of county finance director.
286-46 Tax lien and encumbrance record.
286-47 Certificate of registration; certificate of ownership; containers.
286-47.2 Certificate of trailer registration.
286-47.5 Notice of change of address or name; penalty.
286-48 Certificates of ownership of salvaged motor vehicles.
286-49 Registration of vehicles under two or more names.
286-51.5 Junking of nonrepairable vehicle.
286-52 Procedure when title of vehicle transferred; delivery of certificate mandatory.
286-52.4 Terminal rental adjustment clause; vehicle leases.
286-52.5 Procedure when registration of a trailer transferred.
286-53 Dealers in new motor vehicles.
286-53.1 Boat dealers; trailers without plates.
286-53.5 Permanent registration of fleet vehicles.
286-53.6 Fleet vehicles, fees.
286-54 Out-of-state vehicle permit.
286-55 Certificates lost or mutilated.
286-57 Unlawful removal of motor vehicles from State.
286-58 Appeal from finance director's decision.
286-60 Rules of procedure; costs; appeal.
286-62 Special license plates authorized.
286-63 Shape, size and color of plates; how affixed.
286-64 Regulation plates to be surrendered.
286-65 Surrender, transfer, and disposal of special plates.
286-68 Interpretation of part.
286-81 Motorcycle, motor scooter, moped, etc.; protective devices.
286-81.5 Leased or rented moped or motor scooter; flag required.
286-83 Sales of motor vehicle equipment; approval and identification required; prohibitions on use.
286-84 Revocation of approval.
286-85 Reconstructed vehicles, approval required.
286-101 Designation of examiner of drivers.
286-101.5 Reciprocal licensing privileges.
286-102.3 Commercial drivers under the age of twenty-one.
286-102.5 Military Selective Service Act; Selective Service System registration.
286-103 Restrictions on driver's license; rules and regulations.
286-104 Which persons shall not be licensed.
286-105 What persons are exempt from license
286-106 Expiration of licenses.
286-106.5 Expiration of licenses; out-of-country active duty military personnel and dependents.
286-107 License renewals; procedures and requirements.
286-108 Examination of applicants.
286-108.4 Driver education and behind-the-wheel driver training program.
286-109 General provision governing the issuance of licenses.
286-109.4 Designation of advance health-care directive.
286-109.5 Designation of anatomical gift.
286-109.6 Limited access to driver's license anatomical gift data.
286-109.7 Organ and tissue education fee.
286-112 Application of minors; liability of parents or guardian.
286-113 Release from liability.
286-116 License, insurance identification card, possession, exhibition.
286-116.5 Notice of change of address or name; penalty.
286-117 Duplicate permits, provisional licenses, and licenses.
286-118 Records to be kept by the examiner of drivers.
286-119 Authority of examiner of drivers to suspend or revoke licenses.
286-120 Authority of examiner of drivers to cancel licenses.
286-122 Suspension of a license; surrender.
286-123 Record of conviction forwarded to examiner of drivers.
286-124 Mandatory revocation of license by a court.
286-125 Discretionary revocation or suspension of license by a court.
286-126 Period of suspension or revocation.
286-129 Appeal to circuit court.
286-130 No operation under foreign license during revocation or suspension in this State.
286-131 Unlawful use of license.
286-132 Driving while license suspended or revoked.
286-133 Unlawful to permit unauthorized person to drive.
286-134 Employing unlicensed driver.
286-135 Renting motor vehicle to another.
286-137 District courts to keep records.
286-139 Preferred insurance rate.
286-171 Statewide traffic records system.
286-172 Furnishing of information.
286-181 Pupil transportation safety.
286-202 General duties and powers of the director.
286-202.5 Driver improvement program.
286-202.6 Marking of motor carrier vehicles.
286-202.8 Mudguards; protective devices.
286-204 Accounts, records, and reports.
286-204.5 Vehicle identification card.
286-207 Exemptions, certain vehicles.
286-208 Exemptions, vehicles used by farmers.
286-209 Safety inspection of motor carrier vehicles.
286-210 Operation of a motor carrier vehicle without a safety inspection decal.
286-211 Permits to operate official inspection stations.
286-212 Suspension or revocation of permits.
286-213 Improper representation as official inspection station.
286-216 Fines, fees and charges.
286-225 Hazardous materials incident reporting.
286-232 Limitation on number of driver's licenses.
286-233 Notification requirements.
286-234 Employer responsibilities.
286-235 Commercial driver's license required.
286-235.5 Persons exempt from licensure.
286-236 Commercial driver's license qualification standards.
286-236.5 Renumbered as §286-102.3.
286-238 Application for commercial driver's license or commercial learner's permit.
286-239 Commercial driver's license.
286-239.5 Reactivation of expired commercial driver's license; fees; road test waived.
286-240 Disqualification, cancellation, and downgrade.
286-241.5 Notification and hearing.
286-241.6 Appeal to circuit court.
286-242 Commercial drivers prohibited from operating with any alcohol in their body.
286-243 Implied consent requirements for commercial motor vehicle drivers.
286-244 Notification of traffic convictions.
286-245 Driving record information to be recorded and furnished.
286-246 Authority to make rules.
286-247 Authority to enter agreements.
286-271 Interisland shipping of vehicles; proof required.
286-301 Issuance of identification card or temporary card.
286-301.5 Non-compliant identification cards.
286-302 Oaths and investigations.
286-303 Application for identification card.
286-305 Contents and characteristics; form.
286-306 Expiration; renewal; replacement.
286-307 Identification cards not to be altered; duties of holder; lost certificates.
286-311 Custody and use of records; confidential information.