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The Honolulu Advertiser
Posted on: Sunday, June 24, 2007

Habitual Hawaii traffic offenders may face greater penalties

By Peter Boylan
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

John H. Buchanan

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The state Department of Transportation is considering a legislative proposal that would increase penalties for habitual traffic offenders and aggressive drivers who are repeatedly cited for infractions.

License revocation and jail time are possible penalties that could be proposed for drivers who face frequent citations for speeding, tailgating, running red lights and other infractions, officials said.

"We need to target some of the types of traffic infractions like speeding, tailgating, illegally changing lanes, all of those aggressive driving behaviors. Those are the type of actions that we need to be able to head off before people get hurt or killed," Brennan Morioka, deputy director of the state DOT, said last week. "Driving is a privilege, not a right. It comes down to changing people's driving behavior."

In a recent case, a Kaimuki man with 10 prior traffic citations allegedly was driving drunk when he struck three pedestrian on a Waikiki sidewalk early Tuesday morning.

The man, John H. Buchanan, had been cited for offenses ranging from speeding to failing to stop at a stop sign. In each case, records show he paid the fines and the cases were resolved.

Buchanan, who could not be reached for comment last week, was arrested on suspicion of driving under the influence and three counts of second-degree negligent injury.

He was released after posting $1,500 bail and is set to be arraigned July 10 at 1 p.m.

Buchanan was arrested after the sport utility vehicle he was driving swerved off Kalakaua Avenue at 4 a.m. and struck the men, who were waiting to go to work, police said. Buchanan was not injured.

The DOT said its deliberations about increased penalties for traffic scofflaws predate the accident.

In Hawai'i, multiple moving violations that do not involve alcohol, drugs or bodily injury cannot result in arrest, criminal prosecution or high fines no matter the number, according to police and the state judiciary.

A person could be cited 10, 20 or even 30 times for offenses such as speeding, running a red light or making improper turns, and the only sanction would be fines, according to Marsha E. Kitagawa, public information officer for the state judiciary.

"There is no jail time for traffic infractions, only fines," Kitagawa said.

"Since civil traffic infractions are not crimes, an arrest warrant cannot be issued. In the event the driver does not respond to the citation, either by way of payment, written statement or requesting an in-person hearing, a stopper will be placed on the person's driver's license, which will prevent renewal until the case is resolved."

States including Nevada, California, Georgia and Illinois have laws that penalize drivers with jail time and thousands of dollars in fines if they continue to violate petty traffic regulations.

In Cook County, Ill., first-time speeding tickets issued to drivers traveling more than 40 mph above the speed limit can carry penalties of up to 364 days in jail and a $2,500 fine. If an Illinois driver commits three petty traffic offenses within a year, the driver faces up to 30 days in jail and a $1,000 fine.

In Hawai'i, license revocation can be a penalty in drunken-driving cases and speeding cases where the fines are left unpaid.

Motorists are given 21 days from the date on the ticket to offer some form of response. A default judgment will be entered against people who do not respond by the deadline, according to the judiciary.

When making traffic stops, Honolulu police have no access to the driver's traffic history and cannot see if the driver had been previously cited for speeding or other infractions in which the driver is not somehow impaired, according to Michelle Yu, public information officer for the Hono-lulu Police Department.

Officers can check if the driver and passengers in the vehicle have outstanding warrants or invalid driver's licenses, however.

Traffic citation histories can have an effect on individuals facing sentencing for other traffic-related offenses such as DUIs.

One possible obstacle to continued driving for repeat traffic offenders is increased insurance premiums. Driving without automobile liability insurance is against the law.

All insurance companies have varying thresholds for writing policies, and drivers with substantially long traffic histories may not be offered a policy.

"I had one guy who was in his late 20s with an eight-page traffic abstract consisting of 23 violations in two years. He had racing, driving without a license and speeding, among others. We decided it wasn't a real good idea (to insure him)," said Michael A. Onofrietti, vice president and actuary for AIG Hawaii.

"If someone has three speeding tickets, their premium is going to go up a significant amount, but if they have a DUI citation or speeding or a drag racing ticket their premium is going to be in the several thousands of dollars."

Reach Peter Boylan at pboylan@honoluluadvertiser.com.