§291D-3 Applicability. (a) Notwithstanding any other provision of law to the contrary, all traffic infractions, emergency period infractions, and fireworks infractions, including 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, an emergency period infraction, or a fireworks infraction under this chapter. No traffic infraction, emergency period infraction, or fireworks infraction shall be classified as a criminal offense.
(b) Where a defendant is charged with a traffic infraction, an emergency period infraction, or a fireworks 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, emergency period infraction, or fireworks infraction shall be adjudicated pursuant to this chapter; provided that the court may schedule any initial appearance, hearing, or trial on the traffic infraction, emergency period infraction, or fireworks 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, emergency period infraction, or fireworks 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, emergency period infraction, or fireworks 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, emergency period infraction, or fireworks infraction was committed, whichever has jurisdiction over the related criminal offense charged pursuant to the applicable statute or rule of court; provided that:
(d) In no event shall section 701-109 preclude prosecution for a related criminal offense where a traffic infraction, an emergency period infraction, or a fireworks 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 before the date of trial or concurrent trial and:
(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. [L 1993, c 214, pt of §2; am L 1997, c 59, §1; am L 2005, c 48, §1; am L 2007, c 85, §3; am L 2021, c 185, §6; am L 2025, c 243, §20]