State lawmakers were considering a bill this session to relax the state's excessive speeding law, which is triggered when drivers are caught at speeds over 80 mph or at 30 mph over the posted speed limit.

The law imposes a mandatory license suspension and defendants are unable to enter a deferred acceptance of guilty plea, so they have a criminal record if convicted. Defendants must also show proof of financial responsibility to get their licenses back.

The state public defender's office told lawmakers that most drivers who have been subject to the law have been caught by police speed traps, not for street racing or driving erratically. Since the punishment is so harsh, and the risk of substantially higher insurance rates so high, the public defender's office said many defendants are taking their cases to trial instead of pleading guilty, which can clog court calendars.

According to the prosecutor's office, there were 898 contested charges of excessive speeding during the second half of 2008.

The bill would decriminalize excessive speeding for first-time offenders and lift the mandatory license suspension and financial responsibility requirements.

The state Department of Transportation and several insurance companies opposed the bill, arguing the penalties are a deterrent to excessive speeding and help ensure that dangerous drivers have proper insurance.

The Honolulu Police Department said it also opposed the change.

The state House Transportation Committee passed the bill, and it is pending before the state House Judiciary Committee. The committee's chairman, state Rep. Jon Riki Karamatsu, D-41st (Waipahu, Village Park, Waikele), said yesterday he does not plan to advance the bill.

Karamatsu, however, said the requirement for showing financial responsibility falls disproportionately on the poor and middle class, who may not have the money to pay higher insurance rates but will likely not stop driving.