In Thursday’s "Kokua Line," someone asked whether there was any recourse after a judge fined her $197 for allegedly violating the pedestrian crossing law.
When we asked the state Judiciary whether she had any options, we were told the information could be found on its website.
We then quoted the website as saying that when someone contests a decision regarding a traffic citation, the burden of proof at trial is "beyond a reasonable doubt."
Judiciary spokeswoman Marsha Kitagawa said we correctly reported the information but that some of the information on the website "is not correct."
"Unfortunately, the website was not updated when the (state) Legislature changed the standard for burden of proof in a traffic trial," she said. "The burden is by a preponderance of the evidence." Hawaii Supreme Court rules say to prove by a preponderance of the evidence "means to prove that something is more likely so than not so" — a lower standard than "beyond a reasonable doubt."
Basically, someone who is found guilty of a traffic moving or equipment violation has 30 days in which to appeal the decision and request a trial.
Section 291D-13(b) of the Hawaii Revised Statutes says that at the time of trial, "The prosecuting attorney shall orally recite the charged civil traffic infraction in court prior to commencement of the trial. Proof of the defendant’s commission of the traffic infraction shall be by a preponderance of the evidence."
At last check yesterday afternoon, the website — www.courts.state.hi.us/self-help/traffic/moving_citations.html — still had not been updated.
Question: In your Aug. 30 column, Wayne Yoshioka, director of the state Department of Transportation, projected a mid-September opening of the Wahiawa Transit Center. It is a month later, and there are no obvious outward signs that this is about to happen, and no progress report in the news. When can the public start to use this multimillion-dollar structure?
Answer: Soon.
A delay in obtaining an elevator permit has forced officials to postpone the grand opening of the center until later this month.
An announcement will be made when plans are finalized.
"Because the handicap parking is on the second-floor parking deck, we need to have a functional elevator before opening the transit center," Yoshioka said.
Officials do have a temporary permit that will allow them to open the center "while the final details of the permanent permit are being worked out," he said.
AUWE
To the lady crossing Punchbowl Street at Pohukaina Street at 6:30 a.m. Thursday, Sept. 22, walking toward the Federal Building. When stepping off the sidewalk and onto the road, even if it’s in a crosswalk, pedestrians share responsibility to ensure their own safety, such as looking first. If a vehicle is slowing down but may be going too fast to stop, the pedestrian should wait and let the car pass. Common sense, don’t you think? Were you expecting us to jam on our brake? Screaming obscene words won’t save your life next time around. — Spencer
MAHALO
To Don Holden, a special man. City bus No. 3 to Waikele was carrying happy, smiling people heading home after a hard day of work on Sept. 22 when it broke down because of a broken hose in the engine area. Our bus driver showed great concern for all his passengers. He said, "Sorry, everyone must disembark." Another bus came and parked to the rear of our bus. Shortly afterward a man in a pickup truck pulled over to assist. He saw to it that everything was OK and everyone was all right. I thought he was a bus driver and was going to thank him for a job well done. But another passenger gave me the name that was on his pickup truck — Holden Hospital Supply Inc. I contacted the company, and a gal said, "His name is Don Holden." Mahalo, Don, for all your help. It is citizens like you who make Hawaii a special place that we call home. Life’s best to you. — Johanna Fergie
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