For counsel’s jurisdictional statements – from Dunbar v. State, NO. 30382 (July 22, 2010)(dismissing appeal for lack of jurisdiction) -
Noncompliance with the speed limit in violation of HRS § 291C-102 (2007) is punishable by only a fine pursuant to HRS § 291C-161 (2007), and, thus, it constitutes a “‘[t]raffic infraction’… for which the prescribed penalties do not include imprisonment[.]” HRS § 291D-2 (2007). “No Traffic infraction shall be classified as a criminal offense.” HRS § 291D-3(a) (2007). Under HRS Chapter 291D, contested traffic citations are adjudicated at a hearing before a district court. An adjudication in favor of the State of Hawai#i may be followed by a trial de novo before the district court conducted “pursuant to the Hawaii rules of evidence and the rules of the district court[.]” HRS § 291D-13(a) (2007). Rule 19(d) of the Hawai`i Civil Traffic Rules (HCTR) provides that “[a]ppeals from judgments entered after a trial may be taken in the manner provided for appeals from district court civil judgments.” HCTR Rule 19(d). Appeals from district court civil judgments are authorized by HRS § 641-1(a) (1993 & Supp. 2009) and, pursuant to HRAP Rule 4(a)(1), an appellant must file a notice of appeal within thirty days after entry of the judgment.
