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Go Back   Law Forums at Onlypunjab.com > ACCIDENT AND INJURY LAW > Auto Accidents and Vehicle Claims

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  #1  
Old 01-25-2007, 03:24 PM
newdriver newdriver is offline
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Join Date: Jan 2007
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Default Given citation for wrong traffic infraction - can it be challenged in court? Hawaii

I got a citation in Hawaii by a police officer for allegedly not stopping before turning right on red signal. I stopped but not for long, and the intersection was absolutely clear. So, I pled not guilty and going to contest it in trial. I also had a witness in the car.

Later on, I discovered that on my ticket the officer checked the box "Disregarding Red Signal" HRS 291C-32(a)(3)(A), and not the "Prohibited Right Turn Against Red Signal" HRS 291C-32(a)(3)(B).
Here is what the Hawaii traffic law says:
3) Steady red indication:
(A) Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown, except as provided in the next succeeding paragraphs.
(B) The driver of a vehicle which is stopped in obedience to a steady red indication may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at said intersection, except that counties by ordinance may prohibit any such right turn against a steady red indication, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof.

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My question: Can I contest it on the basis that I was charged with the wrong infraction and therefore the case should be dismissed?

Thank you.
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Old 01-26-2007, 04:05 AM
Sierra Sierra is offline
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Join Date: Apr 2006
Posts: 139
Default

Officers are also human so they too can make a mistake. If you made a mistake than you have to be ready to face some fine. Ticket info can be changed during later stages of the case. Anyway, you can try what you think, may be it can help you in some way!
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