Question: This is in response to your Oct. 7 column about the pedestrian crossing law and judges making a decision on a case-by-case basis. I realize a judge makes his decision based on the “particular facts,” but in my case, the citing officer wasn’t even present on the day of the hearing. The officer’s written description on the ticket I have only states, “vehicle to stop for pedestrian in crosswalk.” Based on the facts I presented, I don’t think the pedestrian was “endangered” by my car when she started to walk in the crosswalk. Thus, it seems I was unfairly cited by the police officer, then unfairly charged by the judge and subsequently unfairly fined $197. Does one have any options at this time to have the findings reversed?
Answer: We asked the state Judiciary if you had any recourse and was told the information about the process for dealing with traffic citations could be found on the Judiciary’s website.
We found it by looking up “traffic cases,” then “moving or equipment violations:” www.courts.state.hi.us/self-help/traffic/moving_citations.html.
The options available to you — admit and pay fine; deny; or admit and explain mitigating circumstances — are explained on the back of each traffic citation.
Under “Option 2: Deny,” it says if you deny committing the infraction you may request a court hearing.
Then, if you disagree with the judge’s decision, you have 30 days to appeal by requesting a new trial. At that trial, the prosecutor and any witnesses will be present and the state “must prove the charge beyond a reasonable doubt.”
Unfortunately, you said your case was heard and decided by the judge in July, so your window to appeal has closed.
According to the Judiciary, “If you do not request a trial within 30 days from the date of the notice, or fail to appear at the trial, the judgment becomes final and the case cannot be reopened.”
Question: With all the money being spent to beautify Honolulu for the upcoming APEC conference, has anyone from the city ever looked around the Kapiolani Boulevard side of the convention center? The area between the sidewalk and street is supposed to be maintained by the city, to my understanding. A few businesses maintain these areas fronting their properties, but many do not. Knee-high weeds and grass attest to neglect by the city maintenance crews. Specifically, the area fronting Century Center, and that directly across Kapiolani from the convention center, fronting the surf shop and Japanese restaurant, and the former site of Diamond Head Video.
Answer: The abutting property’s owner is responsible for maintaining the public sidewalk area fronting the property, said Westley Chun, director of the city Department of Facility Maintenance.
If a complaint is made, the city Department of Planning and Permitting will investigate and can cite the property owner for not maintaining that area. If the owner fails to correct the violation, Planning and Permitting will issue a citation work order to his department to clean the sidewalk area and bill the property owner for the work, Chun said.
You are asked to file a complaint. You can do so online at www1.honolulu.-gov/csd/publiccom/fixit.htm or by calling 768-4381.
Auwe
To litterbugs. I come to Hawaii two weeks at a time for business two to three times a year and the Koko Head trail is one of my favorite places to go for exercise and to take in the view. Lately, I started bringing a plastic bag and a pair of gloves to pick up trash, empty plastic bottles, etc. because of the garbage piling up. Everyone who uses the trail should pick up after themselves and/or the trash on their way down. It is such a beautiful place to get ruined by people who do not seem to care for the beauty of the state. I’ll be back next year and hope to see if anything has improved. — Ray Santos
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