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James_Doe

Honolulu Jaywalking Notice

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My friend received $130 jaywalking ticket (notice) in Honolulu.

He did not have any documents on him and police officer wrote down everything from his words.

My friends gave all correct information about him and signed the notice. It was at night and my friend did not have reading glasses to examine notice on the spot.

When at home he examined the ticket  and found out that the date is off by one year because it happened in January 2016 and officer wrote instead 2015.

 

What shall my friend do?

1) If he replies to that notice then indirectly he admits that event has happened and friend is liable and may have to pay extra fines  because it is one year overdue.

2) If he does not reply and wait for other notifications from the court then he can deny everything because on January 2015 he was not anywhere near Hawaii and can get sworn affidavits from at least 10 people right away. 

 

How system works in this case? What court clerk will do if he/she sees that notice is already one year overdue and nothing was done about it? Will she realize that officer made mistake or she will go for penalty etc.?

What is statute of limitation for jay walking in Hawaii?

 

Thank you.

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The statute of limitations doesn't apply because prosecution began the moment he was cited.  Errors on dates at the beginning of the year are common and are simple clerical errors that can and will be corrected.  The officer's tickets are sequential so it's easy to figure out.  When your friend gets the notice, he has two choices--pay the fine or take it to a court trial.  The error on the ticket is not a defense.  Both he and the office know he was jaywalking and cited this year, not last year....

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The statute of limitations doesn't apply because prosecution began the moment he was cited.  Errors on dates at the beginning of the year are common and are simple clerical errors that can and will be corrected.  The officer's tickets are sequential so it's easy to figure out.  When your friend gets the notice, he has two choices--pay the fine or take it to a court trial.  The error on the ticket is not a defense.  Both he and the office know he was jaywalking and cited this year, not last year....

Thank you.

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What shall my friend do?

 

Pay the ticket.  Any reason you think (or he thinks) he ought to do anything other than that?

 

 

 

If he replies to that notice then indirectly he admits that event has happened and friend is liable and may have to pay extra fines  because it is one year overdue.

 

Sorry, but that's just silly.  I'm not sure what you're contemplating in terms of "repl[ying] to [the] notice," but the only appropriate responses would be to contest the ticket or pay it.  Obviously, paying concedes what happened, but I can't conceive that he would be subject to "extra fines" based on an obvious mistake with the date.  On the other hand, if he contests the ticket, then he can make whatever arguments he wants when the matter comes before the court.

 

 

 

If he does not reply and wait for other notifications from the court then he can deny everything because on January 2015 he was not anywhere near Hawaii and can get sworn affidavits from at least 10 people right away.

 

And the prosecutor will move to amend the ticket based on the obvious mistake with the date.

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