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.
According to the Honolulu Star Bulletin, in only the first two weeks of January, 88 people were arrested for breaking this news speeding law. Many of the arrests were made near Waianae as well as the H-1 freeway on West Oahu and H-3 freeway.
I hope none of you got arrested for speeding during this nab, but I am a firm advocate of this new speeding law. As you can see, it is working pretty well. Although it is unfortunate to find out that as many as 88 people got arrested during a 2 week period, at least we were able to take them off the streets. We can complain and say that the police are being too strict, but at the same time, travelling 30 mph over the speed limit or 80 mph is excessive and can cause accidents.
Let’s hope this is a reminder to those who do speed and don’t regard the law to pay attention. If this doesn’t get their attention, then they deserve prison time. I know that is a harsh thing to say, but it could be the difference between one life saved and one life lost.
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September 2nd, 2007 at 10:11 pm
As a safety-minded motorcyclist (a minority here?) (helmet, jacket, pants, ankle or higher shoes, gloves EVERY DAY, EVERY TIME) who has put many miles down in over 25 US states, I can tell you that you are absolutely insane (or just misled into being so) to think that speed limits have any more effect than a tissue on the gaping wound of auto safety. Simply a gesture for the symptom, if you catch my drift. The fact is, Honolulu’s paving and civil planning is a hurried joke in most places, and its speed limits seem to follow this trend (Why is nearly every road 25mph? Where does this arbitrary rule of thumb come from?). Furthermore, drivers here seem to have little or none of the awareness that drivers in my favorite state for driving skill (California) have.
As far as I can tell, Honolulu does everything -wrong- in automotive safety that California does right. And I don’t feel like going any further into it because explaining here won’t make a difference–those who’ve had the experience know. But this kind of police action is definitely a brown-nosing gesture in the face of everything else that’s wrong with the situation. Remember, speed is not the cause of the accident (or crash), -you- are. Speed just fuels the consequences.
September 5th, 2007 at 10:11 am
Hi safetyminded. I feel that you are right on the button that speeding does fuel the consequence of an accident. BUT, let me explain.
Speed limits do serve a purpose. It is a general guideline for how fast you should be going in a particular area. 25 mph is normally reserved for residential areas. Where have you seen 25 mph on regular main roads? Should you be travelling at high speeds in residential areas anyways? And yes, I do believe that if you go 30 mph over the speed limit, you should get tagged and punished. 30 over 25 is 55 mph…would you ever feel safe coming out of your house with a car driving 55? What if your kids are playing one the streets? You would be a firm advocate too.
I’ve also lived in California too. How many accidents occur there? Far more than here. People drive like maniacs there, cutting people off without signals, and never driving the speed limit…even though their speed limit is much faster than here. I don’t mind driving in California because I consider myself a great driver (never been in an accident, very safe, and abiding to the law). But I don’t think California drivers are all that great. They pose more threats on the road in general than any other state I’ve lived in. Are they better drivers when they drive fast? Possibly. But they also have wider roads which allow them to drive faster and to get on more lanes. Our freeway normally spans 3 roads…not much at all to change lanes.
The law is giving you 30 mph OVER the speed limit. This is an excessive amount. Why WOULDN’T you be punshied for going over this speed limit? I’ll be more inclined to side with you if they gave you maybe 5-10 mph over the speed limit…but 30.
It just seems that you are irritated that you can’t go faster than the speed posted on the roads. It doesn’t matter how safe YOU SEEM to be…in fact, you are only keeping YOURSELF safe with all your gear that you listed. That doesn’t mean you are being safe to others on the road.
If you want to go fast, don’t do it here. Either slow down or go back to your favorite state where you can freely drive as crazy as you want.
November 23rd, 2007 at 10:13 pm
i think that this law is a bad one. I was just arrested last night for this offense, but in my case i passed a car on a single dotted line then all the sudden a car popped over a blind hill, the road was marked unproperly and said it was ok for me to pass, i speed up to avoid a head on accident and when i started to come down the hill and slow down the cop hit me right at the top of the hill. I feel this law targets regular people like unfairly instead of real criminals.
January 22nd, 2008 at 2:50 am
interesting
February 11th, 2008 at 1:55 am
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.
July 23rd, 2008 at 11:25 am
The reason the rules are so strict and speed limits are so slow is to protect to the drivers..Not from other drivers, but from the neglect the state has placed on the roads.
The reason why california can get away with 35-40 MPH city roads is because their roads are well maintained.
It’s a simple fact that you can’t “safely” drive through town at 35 mph because all the pot holes, uneven surfaces and rifts in the pavement will send you all over the place. I’m amazed that it’s even “legally safe” to drive in hawaii period. God only knows how many head light bulbs i’ve blown and how many tires i’ve thrown out of alignment from the city’s lack of road upkeep.
Keeping the high speeders under wraps is to protect us from the pot holes, not from other drivers… LOL
October 4th, 2008 at 12:45 am
These new laws surround nothing more than Money! “88 people were arrested for breaking this news speeding law” equates to $88000 with free labor for the state in terms of “Community Service”. If the state was really concerned with making our streets safer, why not increase the qualifications for licensing through the DMV? I saw an 80 year old guy driving the wrong way on the Pali Highway last month, but speeders are the real criminals. If you haven’t figured it out; increasing intelligent staffing for the dmv to properly weed out the bad drivers would cost the state instead of bringing in additional revenue. So lets convict people for the simplest crime they can commit: No Seatbelts and speeding. The state says they are targeting the street racers. Why not target the low class cars with big spoilers? Money again!!! Citizens that invest all their money to make their cars faster make up a small ratio of the overall population of Hawaii, so why take a slice when you can have most of the pie? “Because we are committed to make our roads safer!” Sad to see our rights dwindling to make politicians richer.