I'm not trying to persuade you from hiring an attorney, I'm just trying to point out information that I think is relevant and missing from this discussion. For example, Hawaii Civil Traffic Rule 7 requires that the ticket be filed within 10 days and maybe the officer took 11 days to file it. That being said, it is possible that a good lawyer will find a technicality to get you off. Now be aware that there are a bunch of exceptions to the law, but I don't see any evidence of them applying. “Use or using” means holding a mobile electronic device while operating a motor vehicle.īasically, it is illegal to hold a cell phone while driving-which is what, it seems, you were doing. It shall be a violation under this section to operate a motor vehicle while using a mobile electronic device. Section 24-167.1, Hawaii County Code, is the law that prohibits using cell phones while driving in Hawaii County. Your defense, it seems, is that you were not making a call and your cell phone records confirm that.īased upon my limited understanding of the evidence, I don't see how you can win on the facts.
#Honolulu traffic ticket attorney trial
Note that there is a deadline to request a trial (the next step of the process) and then a deadline to appeal to an appellate court after that.įrom what I can tell, the officer thinks that you were holding the phone up to your ear and will testify as to that. When you say "appeal," I assume you mean a hearing (also referred to as a contested hearing) pursuant to Rules 11 and 14 of the Hawaii Civil Traffic Rules. If you go through the process on your own, when it's your chance to talk, you can just tell the judge you were not on your phone, the phone wasn't touching you, and you don't know why the officer thought you were on it.įurther, car insurance rates often won't go up as much as you anticipate. That might involve you having to go to court a few times though just as a forewarning. Often times you'll win by default if the police officer never shows up to testify. You might think that's a good defense, but actually what you've done is admit you were touching the phone. They'll say "my phone wasn't up to my ear, it was in my lap".
#Honolulu traffic ticket attorney pro
When it comes to minor traffic offenses like this, most people who go to court pro se (unrepresented by an attorney) who end up losing their case do so because they've made admissions on the record. If the prosecution don't have any evidence other than just the officer's testimony that he saw you on your phone, it likely is not enough to satisfy the legal standard of proof beyond a reasonable doubt. That means it's up to them to prove you were guilty of using your phone the burden is not on you to prove innocence. The prosecution always has the burden of proof. Is the matter in Hilo or Kona?īut I really want to tell you how unnecessary I think it is to hire an attorney. Ifyou don't get any suggestions, let me know and I can ask friends who practice criminal law if they know anyone on the Big Island.
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