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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3164
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband received a speeding ticket late one night in February a

Customer Question

Hi, My husband received a speeding ticket late one night in February as we were hurrying to get to our hotel at Turtle Bay. We stopped immediately and the office said that we were in a 35 zone and it was, therefore, a criminal offence which carried a very heavy fine, jail time and if he didn't appear in court there would be a bench warrant issued and he would be consid a criminal in Hawaii. We live in Canada so to have to return for a court appearance is complicated and expensive. We went back and drove the highway again and could see where the police car had been hiding (no blue lights on) and where we had stopped , before the 35 mph sign. Before that as far as we could tell the speed was 45 mph.
we had our two adult daughters with us and we are all sure of the facts. My husband admits that he was speeding but not nearly as far over the speed limit as the officer is claiming. It should only be a traffic violation and not a criminal charge from what we can tell. Any t
Submitted: 2 years ago.
Category: Criminal Law
Expert:  PhillipsEsq replied 2 years ago.
What is your question?
Customer: replied 2 years ago.

Is what the police officer did legal? To sit without his steady blue lights on while on duty and then write up a ticket saying that we were where we were not? He wrote up the ticket with a very vague location. Likely, he assumed that we would not be able to identify our location in the dark on an unfamiliar highway the next day. As you likely know, the speed goes up and down on that highway for no apparent reason. However, when we re-drove it we were very clear as to where we had been stopped. We could still see our tire tracks on the side of the road and the officer's where he had been parked. We were driving in a 45mph zone not a 35mph zone which changes the speeding from criminal to a civil charge. If we had been locals he probably would have just issued a normal traffic violation but seeing that we were tourists he decided to have some fun and went to great lengths trying to frighten us by describe how bad the offence was talking about jail and how my husband would be deemed a criminal with a warrant against him by the state of Hawaii. There were four of us in the car. We all know where this occurred but it is impossible for us all to go back for a May 21st court appearance.


How can we have the police officer reprimanded for not having his lights on. I see on the web that they will be reprimanded for not adhering to the new rules for steady blue lights during the day so I assume that there is the same outcome if they don't have their steady blue lights on at night which has been a requirement for much longer. How should we proceed?


 


If you need more information, please ask me specific questions. Thanks very much.

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