Hawaii laws outlining the elements and penalties associated with reckless driving, which involve both criminal and administrative action by the courts, are found under the statute section "Reckless Driving of Vehicle or Riding of Animals."
According to Hawaii Revised Statute 291-2, any person driving a motor vehicle or riding an animal in a manner that displays recklessness to the degree of endangering the well-being of other persons or their property is deemed to be guilty of reckless driving.
|
Offense/Violation |
Classification |
Criminal Penalties |
Points Applied to License |
Other Administrative Penalties |
|
Reckless Driving |
Misdemeanor |
Incarceration of not more than 30 days, with fines not to exceed $1,000 |
3 to 6 points, at discretion of courts |
License suspension at discretion of both courts and Department of Transportation |
Pending the discretion of the courts, a driver's license may be suspended anywhere from one to six months. Likewise, the Department of Transportation can suspend a driver's license at its discretion for one to six months. The variation in suspension length depends on the discretion of the Department of Transportation, pending the case-specific considerations, including the history of a driver for the previous two years. Drivers, however, can obtain conditional licenses in Hawaii under limited circumstances during their suspension period.
Addressing the impact of a reckless driving charge will mainly occur in the criminal courts. If a driver prevents conviction of the reckless driving charge, by way of dismissal or reduction of the charge to a lesser offense, the administrative impact relating to maintaining a valid license will decrease. Most defense efforts center on the vague nature of the reckless driving laws, which pending the case-specific nature of each offense, may be better defined by a non-criminal traffic violation, rather than the criminal charge of reckless driving.
In any Hawaii reckless driving case, given the potential of incarceration, creation of a criminal record, and the potential loss of license, a driver should seek out the counsel of a Hawaii reckless driving lawyer. To learn more about your specific legal rights and options in light of your specific charge, including what defense options may be available, consult with a Hawaii reckless driving attorney about your case.