Speeding Tickets in Hawaii
Consequences of Speeding in Hawaii
Fighting a Speeding Ticket in Hawaii
Hawaii Points – Fines – Reciprocity and Other Issues
Limits of Specific Vehicles and Zones in Hawaii
Presumed Speed Limits in Hawaii
A presumed speed limit is one which is not on the rectangle black-and-white sign that you normally see along the road with a posted limit; it is the speed that is reasonable and safe, given the current road conditions. For example, if the posted speed limit is 40 mph and there is a severe rain storm, it would not be reasonable or safe to drive at 40 mph because of actual and potential hazards from the storm. However, let’s say driving at a speed of 30 mph would be reasonable and safe under these conditions. In this case, although the posted speed limit is 40 mph, you could be ticketed for speeding for driving at 40 mph, or even 31 mph, if that speed is unreasonable and unsafe during the severe rain storm.
The police officer will have discretion to decide what speed is reasonable and safe. If the officer thinks that driving 50 mph in a 60 mph zone during a severe rain storm is unsafe, the officer can ticket you. There is a legal presumption that driving at the posted speed limit, 60 mph, is safe, and this presumption will be in your favor unless the officer can prove that driving at 50 mph was unsafe when it was raining.
At trial, the State does not have to prove your exact speed as long as there is enough evidence showing that the driver was speeding based on a preponderance of the evidence. The State does not have to prove the exact location of where the speeding violation took place. However, you will have to prove that your driving was safe in order to successfully contest the ticket.
Similarly, a driver can be ticketed for driving too slowly. If you are driving at 40 mph in a zone that has a speed limit of 60 mph, and there are no hazardous road conditions, and every other vehicle is traveling at 60 mph, you can be ticketed for driving too slowly because you would be a hazard to other drivers by impeding traffic. If you are driving slower than the flow of traffic, then you need to drive in the right-hand lane or as close to the right as possible.
Absolute Speed Limits in Hawaii
An absolute speed limit is the one you see on the rectangular black and white signs posted along the road. You must never drive in excess of the posted speed limit, and you must never drive slower than the posted minimum speed. The following is a list of absolute speed limits in Hawaii that will apply unless a different limit is posted:
Rural interstates—60 mph for cars and commercial trucks,
Urban interstates—50 mph for cars and commercial trucks,
Limited access roads such as county roads—45 mph for cars and commercial trucks.