A new speeding law will go into effect starting January 1, 2007, so keep your eyes peeled and slow down. Basically, anyone who drives 30 mph over the speed limit or 80 mph regardless of what the speed limit is, could potentially be charged with a petty misdemeanor. Four things can happen if you are convicted (source KHON 2 news):
- The first offense could cost between $500 and $1000
- A 30 day suspension of your license
- Mandatory attandence to a driver re-training course
- 2-5 days jail time or 36 hours community service
For a second offense, you could serve up to 14 days in jail, and with a third offense, up to 30 days in jail. Pretty harsh, but I think necessary to keep Hawaii roads safe. It is never necessary to drive 80 mph or 30 mph over the speed limit. Doing so might not only jepordize your life, but lives of others as well.
I’m glad the state is taking a proactive approach to reckless drivers. Hopefully, this will lower the number of fatalities on the road. Drive safe and drive smart. If you don’t, you might end up in jail.
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December 16th, 2006 at 6:28 pm
I think the new speeding crack down is just a scapegoat for the police because they cannot handle the real crimes in our State. What are those? 1. The fact that lawmakers approve builders to build far too many houses in places like Ewa Beach without adequate road causing poor working folks to spend countless hours away from family members while folks over in Hawaii Kai have zipper lanes!! 2. Cars are nightly highjacked on some streets in Ewa Beach, while the police are “powerless” to do anything about it. 3. Most “speeding” case accidents that the police love to report are related to drugs and alchohol, not just “speeding” from every day citizens. Since the police cannot tackle drugs and alchohol, they would rather go for the “easy” targets, generally law abiding citizens. 4. Just last week, I witnessed a case of road rage whereby a truck tried to run another car off the road. I called the police on the spot with the license plate of the offending vehicle. They said that they would send an officer out to take a complaint, but called me the next day saying that they did not have any officers to send out. However, they certainly seem to have enough officers to “OVERDO” the speed patrol!!! What a crock the whole thing is.
December 18th, 2006 at 3:36 pm
I feel as though this law, which is a wee bit overkill, is just like the buckle up law where they have 5 police men or women on a corner in waikiki pulling over tourists and locals because they don’t have their seat belt on. 5 cops!
Patroling areas that are dangerous, spending money on keeping up the roads, and making more bikes lanes and walk ways so people don’t have to drive everywhere.
December 19th, 2006 at 7:42 am
This new law is BS! I am a student and when traveling from UH Manoa to Mililani one evening I saw SIX speed traps!!! I am starting to feel that the Police Department needed an excuse to hire more cops so this is their master plan for raising revenue. There are enough laws on the books…just enforce the ones we already have! Stop making new laws every freaking new year. No smoking…no speeding. What next? A law banning cell phones while driving? Or a law banning motorcycles that have loud exhaust pipes? Or a law banning Pit Bulls and other so called dangerous dog breeds? Don’t laugh…I’ve heard all of these mentioned on the news by so other called intelligent people. My point is this…the next time someone says “There ought to be a law against…” do the world a favor and punch that person in the mouth. Hawaii is suppose to be part of Amercia (…the home of the free…). As soon as I graduate I am soooooo moving away from this communist state. Dosvidania comrades!
December 19th, 2006 at 4:52 pm
I would think one law they might want to try if they’re going to save lives, before they increase the amount of officers they have is to not allow people to ride in the backs of trucks in the expressway. Doesn’t that seem a bit more dangerous than someone not wearing their seatbelt or speeding. I can see driving around streets that you can only go 30 mph on but I’ve seen full loads of trucks going 80 down the freeway.
Just a thought?
January 23rd, 2007 at 1:31 pm
[...] I really don’t know what’s going on, but it seems that accidents are happening every day. I noticed a decrease in the amount of speeders, probably due to the new speeding law, but for some reason, accidents are increasing. [...]
January 29th, 2007 at 1:44 pm
[...] You may have recalled an article I wrote previously on the new speeding law in Hawaii. The law basically penalizes you if you drive 30 mph over the speed limit, or 80 mph on any road. You not only face huge fines ($500 up to $1000) and license suspension, but possible time in jail. [...]
May 10th, 2007 at 1:57 am
I like the idea. In fact, I’d like it if any jackass caught speeding at 80 where there are other cars or pedestrians, stores, etc - where people are - they go to jail for 6 months so they calm their selves down.
It’s almost like someone standing in a mall with a 9mm in their hand. They COULD shoot it by accident right? So it’s a crime. It might hurt someone. Same with speeding. You COULD have a bee fly down your shirt, your shirt get stuck in the steering wheel, you could sneeze or misjudge something horribly - causing death and dismemberment or worse.
But, on the other hand… I love to drive 120+ when there are no other cars around - flying up H-1. If I’m endangering myself - so what? But, I don’t think it’s right to endanger others for my own selfishness of wanting to go fast.
Yes, the seatbelt thing is so ridiculous. I picked up my car at the shipping place on Oahu. I drove back to apartment on Hobron Lane. I left again - BANG 3 cops standing in the middle of the road AS I WAS PUTTING my seatbelt on - but of course they didn’t believe, nor care. $80 bucks is 80 bucks.
Life in paradise…
November 1st, 2007 at 8:27 am
I too believe/know the speeding laws here are ridiculous. Being 36 years old, had only 5 or so speeding tickets, but in the couple years I’ve been on Oahu, I’ve gotten a dozen (all interstate - ranging from 65-85). Finally got a laser jammer, and went 2 years with nothing. So now the new law and I just got my second case of 80mph speeding. The cop basically harrassed me. Long story short…was doing 50 till he gets on my bumper for nothing. After at least 3 lane changes and I speed up…he still on my bumper (plain 4-runner with no markings and no lights up top). So I really hit the accelerator to get him off me(instead of slamming on breaks like I’ve seen some folks do)…then he hit the headlight flashers and I pulled over. Now a law abiding citizen who left New Orleans to make something of myself…got my degree in Engineering and a good job…just got married and trying to survive on the island….is facing lost of license, fines, and jail time. Which will result in lost of secret clearance, lost of job, and who knows what else. Oh well, maybe I’ll result to robbing and stealing…the cops/lawmakers don’t care about that.
February 11th, 2008 at 1:54 am
DRIVERS LICENCES ARE UNCONSTITUTIONAL!!!!!!
For years professionals within the criminal justice system have acted on the belief that traveling by motor vehicle was a privilege that was given to a citizen only after approval by their state government in the form of a permit or license to drive. In other words, the individual must be granted the privilege before his use of the state highways was considered legal. Legislators, police officers, and court officials are becoming aware that there are court decisions that disprove the belief that driving is a privilege and therefore requires government approval in the form of a license. Presented here are some of these cases:
CASE #1: “The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived.” Chicago Motor Coach v. Chicago, 169 NE 221.
CASE #2: “The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness.” Thompson v. Smith, 154 SE 579.
It could not be stated more directly or conclusively that citizens of the states have a common law right to travel, without approval or restriction (license), and that this right is protected under the U.S Constitution.
CASE #3: “The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment.” Kent v. Dulles, 357 US 116, 125.
CASE #4: “The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right.” Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.
As hard as it is for those of us in law enforcement to believe, there is no room for speculation in these court decisions. American citizens do indeed have the inalienable right to use the roadways unrestricted in any manner as long as they are not damaging or violating property or rights of others. Government — in requiring the people to obtain drivers licenses, and accepting vehicle inspections and DUI/DWI roadblocks without question — is restricting, and therefore violating, the people’s common law right to travel.
Is this a new legal interpretation on this subject? Apparently not. This means that the beliefs and opinions our state legislators, the courts, and those in law enforcement have acted upon for years have been in error. Researchers armed with actual facts state that case law is overwhelming in determining that to restrict the movement of the individual in the free exercise of his right to travel is a serious breach of those freedoms secured by the U.S. Constitution and most state constitutions. That means it is unlawful. The revelation that the American citizen has always had the inalienable right to travel raises profound questions for those who are involved in making and enforcing state laws. The first of such questions may very well be this: If the states have been enforcing laws that are unconstitutional on their face, it would seem that there must be some way that a state can legally put restrictions — such as licensing requirements, mandatory insurance, vehicle registration, vehicle inspections to name just a few — on a citizen’s constitutionally protected rights. Is that so?
For the answer, let us look, once again, to the U.S. courts for a determination of this very issue. In Hertado v. California, 110 US 516, the U.S Supreme Court states very plainly:
“The state cannot diminish rights of the people.”
And in Bennett v. Boggs, 1 Baldw 60,
“Statutes that violate the plain and obvious principles of common right and common reason are null and void.”
Would we not say that these judicial decisions are straight to the point — that there is no lawful method for government to put restrictions or limitations on rights belonging to the people? Other cases are even more straight forward:
“The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice.” Davis v. Wechsler, 263 US 22, at 24
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda v. Arizona, 384 US 436, 491.
“The claim and exercise of a constitutional right cannot be converted into a crime.” Miller v. US, 230 F 486, at 489.
There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights.” Sherer v. Cullen, 481 F 946
We could go on, quoting court decision after court decision; however, the Constitution itself answers our question - Can a government legally put restrictions on the rights of the American people at anytime, for any reason? The answer is found in Article Six of the U.S. Constitution:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or laws of any State to the Contrary not one word withstanding.”
In the same Article, it says just who within our government that is bound by this Supreme Law:
“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution…”
Here’s an interesting question. Is ignorance of these laws an excuse for such acts by officials? If we are to follow the letter of the law, (as we are sworn to do), this places officials who involve themselves in such unlawful acts in an unfavorable legal situation. For it is a felony and federal crime to violate or deprive citizens of their constitutionally protected rights. Our system of law dictates that there are only two ways to legally remove a right belonging to the people. These are:
1.by lawfully amending the constitution, or
2.by a person knowingly waiving a particular right.