Multiple traffic citations for habitual bad driving and for repeatedly driving without a license can now lead to Class C felonies, with possible forfeiture of vehicles.
Gov. Josh Green on Friday signed into law two bills increasing penalties for unauthorized driving and establishing offenses of habitual violent crime. A third bill regarding traffic and public safety enacted into law implements a pilot program for speed enforcement cameras.
House Bill 2526 on penalties for drivers with multiple offenses was introduced by House Speaker Scott Saiki (D, Ala Moana-Kakaako- Downtown) but had faced the threat of veto and was included on the governor’s list of legislative measures under scrutiny.
The bill was prompted by the Feb. 15, 2023, death of 16-year-old McKinley High School student Sara Yara, who was struck by a car as she was walking in a marked crosswalk on Kapiolani Boulevard on her way to school. The driver, Mitchel Miyashiro, 46, had 164 prior traffic citations, according to state court records, and had pleaded not guilty to driving without a license just nine days before he allegedly killed Yara.
He is awaiting trial for first-degree negligent homicide and other charges in connection with her death.
Under the new law, the penalty for a third or subsequent offense involving unauthorized driving or operation of motor vehicles is increased to a Class C felony, and the court is authorized to order the forfeiture of the vehicle used in the offense.
Individuals who violate the law for the first and second offenses may face either a citation or a misdemeanor charge. For the third and subsequent offenses, the punishment can include a fine of up to $10,000 and/or jail time ranging from one to five years.
Currently, a repeat offender upon the third offense for driving without a license would only be subject to a misdemeanor offense, punishable by a fine of up to $2,000 and/or up to one year in jail.
Saiki told the Honolulu Star-Advertiser that Oahu currently issues approximately 9,000 citations each year to drivers without a license.
“I would assume that these 9,000 citations are issued when someone is pulled over for a different offense, like speeding or DUI or red light violations, and then it’s discovered that they don’t have a license,” Saiki said. “So there are probably more people driving without a license on our roads.
“This law makes clear that we take this offense very seriously. If you want to drive, then you need to get a license like everyone else. And if you don’t, then you will face consequences for that.”
The bill nearly got vetoed due to administrative issues, such as the process of identifying repeat offenders.
However, Saiki said that since the bill received significant community support to keep areas safe, “the prosecutors and Judiciary will now have to decide how to implement this new law.”
Green also signed Senate Bill 2347, establishing the offense of habitual violent crime and allowing prosecutors to bring Class C felony charges against a person who — within five years of a new offense — is convicted of three or more violent misdemeanors or felonies.
The governor Friday also signed a bill implementing a speed enforcement camera pilot project.
SB 2443, enacted as Act 112, establishes the Automated Speed Enforcement Systems Program to be implemented using cameras at 10 intersections where red light cameras are already being used. It also creates a new offense of noncompliance with maximum speed limits under the automated speed enforcement system.
A pilot program for speeding will include engineering studies and data from the red light cameras.
In May, the state Department of Transportation activated red light safety cameras at 10 intersections on Oahu. The cameras are placed in “the most dangerous intersections and three of them are in my district,” Saiki said.
The intersections include McCully and Algaroba streets as well as Beretania and Piikoi streets.
Saiki said the pilot program for speed enforcement cameras has an appropriation of $10 million, which includes $5 million in purchasing radar services.
In addition, HB 2071, enacted as Act 163, provides that any photo red light imaging detector system’s clear and unobstructed recorded image of a motor vehicle license plate is evidence that the motor vehicle to which it is attached is the vehicle for which the license plate was issued.
