Is there a statute of limitations in Hawaii on a traffic violations warrant? 2 Answers as of January 06, 2011

About 4 years ago I did not go to court dates. The court dates were for several speeding tickets and unpaid parking tickets. Now I am worried that there is a warrant out for my arrest. I have not been driving much since and have not gotten in trouble. I do not have anything else on my record. What can I do? How do I know if there is a warrant out there for me?

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The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
The answer depends on whether a warrant was issued or a stopper put in place. Usually a warrant is not issued for a moving violation, but rather a stopper or administrative block is put on your driver's license or vehicle registration. For a moving violation, a failure to appeal results in a default monetary judgment. A warrant is issued for failing to appear for a court date pursuant to a court order or for a traffic crime such as DUI or excessive speeding. The statute of limitations is a rule that limits the period of time within which the government can prosecute you for an offense. If the offense were criminal and a warrant was issued based on a defendant's failure to appear, typically the time from the defendant's failure to appear and the issuance of the warrant until such time as everyone is back in court, is excluded from the time period for the statute of limitations. Exceptions may occur and the correct interpretation requires an experienced attorney.
Answer Applies to: Hawaii
Replied: 1/6/2011
Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
Thank you for contacting my office for answers to your questions. Please understand that my responses are general in nature and the law often focuses on specific facts. Before making any legal decisions you should go over all the facts and specific circumstances with a lawyer. Additionally, my responses do not create an attorney-client relationship. Your comments to me are confidential and I cannot repeat them. However I am not representing you on this matter, unless we later establish a formal attorney- client relationship.

There are statute of limitations but there are several circumstances that act to toll the running of time. What this means is that under certain circumstances delay is not factored into computing the actual time. Other things such as Officers no longer being employed by the HPD or not being able to remember you can keep from the State successfully prosecuting the cases.

There is nothing you can really do about the parking violations unless the vehicle was jointly registered. They result on additional penalties for being unpaid and a license stopper put on your license. This prevents your from renewing your license and possibly keeping you from registering a vehicle. If I was representing you, I could contact the TVB to see how many violations are unpaid and see if there is some way to negotiate their resolution or pay them off.

If the speeding tickets were for basic speeding with no mandatory court date then they are just like the parking violations. Often the ticket says you can contest them by going to court or just sending in a payment. If you do neither they become judgments for the State.

If they were more serious and had mandatory court dates, then there are likely warrants out for your arrest and I can assist you on resolving them without ever having to return. If you send me your name and date of birth I may be able to determine if there are any warrants out for your arrest.

I have good lick in getting these reduced or dismissed but that will depend a great deal on the facts.

If you want to discuss this more or retain me please call me or send me an email.

Thank you again and I hope I provided enough information to answer your questions.
Answer Applies to: Hawaii
Replied: 1/6/2011
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