§286-136 Penalty. (a) Any person who
violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or
286-134 shall be penalized as follows:
(1) For a first offense, or any offense not preceded
within a five-year period for the same offense, the person shall pay a fine of
no more than $1,000 or serve a term of imprisonment of no more than thirty
days, or both;
(2) For an offense that occurs within five years of a
prior conviction for the same offense, the person shall pay a minimum fine of
$500 and a maximum fine of $1,000, or serve a term of imprisonment of no more
than one year, or both; or
(3) For an offense that occurs within five years of
two or more prior convictions for the same offense, the person shall be guilty
of a class C felony; provided that the court, as part of the person's
sentencing, may order that the vehicle used by the person in the commission of
the offense be subject to forfeiture under chapter 712A.
(b) Any person who violates any other section
in this part shall be fined no more than $1,000.
(c) Notwithstanding subsections (a) and (b), a
minor under the age of eighteen under the jurisdiction of the family court who
is subject to this section shall either lose the right to drive a motor vehicle
until the age of eighteen or be subject to a fine of $500.
(d) Any person subject to a fine under this
section and who fails to timely pay the fine shall be given an opportunity to
petition the court to demonstrate that the person's nonpayment or inability to
pay is not wilful; provided that if the person petitions the court, the court
shall make an individualized assessment of the person's ability to pay based
upon the totality of the circumstances, including the person's disposable
income, financial obligations, and liquid assets; provided further that if the
court determines that the person's nonpayment or inability to pay is not
wilful, the court may enter an order that allows additional time for payment;
reduces the amount of each installment; revokes the fee or fine, or unpaid
portion thereof, in whole or in part; or converts any outstanding fine to
community service. [L 1967, c 214, pt of §2; HRS §286-136; am L 1993, c 214,
§7; am L 1996, c 169, §3; am L 2003, c 69, §5; am L 2021, c 81, §1; am L 2024,
c 212, §2]
Case Notes
Under subsection (b) (1996), it is the date the defendant
committed the current offense for which he or she is being prosecuted that is
used to determine whether the defendant has two or more prior convictions for
the same offense in the preceding five-year period. 118 H. 259 (App.), 188
P.3d 773 (2008).
Notes of Decisions
Cited in
10
cases (
4 in the last 5 years), 1978–2026 · leading case:
State v. Vierra, 188 P.3d 773 (Haw. App. 2008).
State v. Vierra, 188 P.3d 773 (Haw. App. 2008).
· cites it 240× “) [3] In 2002, the penalty provision for the DWOL offense, HRS § 286-136 (Supp.1996), provided in relevant part as follows: § 286-136 Penalty.”
State v. Vallesteros, 933 P.2d 632 (Haw. 1997).
· cites it 2× “We reach the conclusion that DWOL is a misdemeanor only by looking at two other statutes, HRS § 701-107 and § 286-136, which provide in pertinent part: § 286-136.”
State v. French, 883 P.2d 644 (Haw. App. 1994).
· cites it 2× “HRS § 286-136 (1985) and HRS § 286-25. Driving without no-fault insurance may be punished by imprisonment *230 for multiple violations.”
State v. Aiu, 576 P.2d 1044 (Haw. 1978).
· cites it 2× “This offense is designated as a misdemeanor by HRS § 286-136. 5 HRS § 701-109(1) provides as follows: When the same conduct of a defendant may establish an element of more than one offense, the defendant may be prosecuted for each offense of which such conduct is an element.”
State v. Veniegas, 905 P.2d 50 (Haw. App. 1995).
· cites it 3× “]” HRS 286-136 is a part of Part VI which extends from HRS § 286-101 through HRS § 286-150.”
State v. Ayres Jr., 485 P.3d 1118 (Haw. App. 2021).
· cites it 16× “Under HRS § 286-136 and the Amended Complaint, the State was required to prove that Ayres had at least two prior DWOL convictions in the five-year period preceding the April 28, 2016 DWOL charge in this case.”
State v. Kapahua, 228 P.3d 376 (Haw. App. 2010).
· cites it 6× “Hence, Kapahua was only subject to a maximum of thirty days of imprisonment pursuant to HRS § 286-136(a) (2007 Repl.). Therefore, The Judgment of Conviction and Sentence filed on April 27, 2009 in the Circuit Court of the First Circuit is vacated only as to Kapahua's sentence…”
State v. Ayres Jr. (Haw. App. 2021).
· cites it 2× “5 HRS § 286-136(b) provides in relevant part: (b) Any person who is convicted of violating section 286-102 .”
State v. Ayres Jr., 149 Haw. 207 (Haw. App. 2021).
· cites it 2× “5 HRS § 286-136(b) provides in relevant part: (b) Any person who is convicted of violating section 286-102 .”
State v. Wilhelm (Haw. 2026).
· cites it 2× “" "[W]e apply a de novo standard of appellate review to the ultimate issue of 2 The State also alleged that Wilhelm should be sentenced in accordance with HRS § 286-136(b) (2020) for having had two or more prior convictions for Driving Without License in the five-year period…”
— Haw. Rev. Stat. § 286-136(a) — 3 cases
State v. Vierra, 188 P.3d 773 (Haw. App. 2008).
“) [3] In 2002, the penalty provision for the DWOL offense, HRS § 286-136 (Supp.1996), provided in relevant part as follows: § 286-136 Penalty.”
State v. Kapahua, 228 P.3d 376 (Haw. App. 2010).
“Hence, Kapahua was only subject to a maximum of thirty days of imprisonment pursuant to HRS § 286-136(a) (2007 Repl.). Therefore, The Judgment of Conviction and Sentence filed on April 27, 2009 in the Circuit Court of the First Circuit is vacated only as to Kapahua's sentence…”
State v. Ayres Jr., 485 P.3d 1118 (Haw. App. 2021).
“Under HRS § 286-136 and the Amended Complaint, the State was required to prove that Ayres had at least two prior DWOL convictions in the five-year period preceding the April 28, 2016 DWOL charge in this case.”
— Haw. Rev. Stat. § 286-136(b) — 6 cases
State v. Vierra, 188 P.3d 773 (Haw. App. 2008).
“) [3] In 2002, the penalty provision for the DWOL offense, HRS § 286-136 (Supp.1996), provided in relevant part as follows: § 286-136 Penalty.”
State v. Ayres Jr., 485 P.3d 1118 (Haw. App. 2021).
“Under HRS § 286-136 and the Amended Complaint, the State was required to prove that Ayres had at least two prior DWOL convictions in the five-year period preceding the April 28, 2016 DWOL charge in this case.”
State v. Ayres Jr. (Haw. App. 2021).
“5 HRS § 286-136(b) provides in relevant part: (b) Any person who is convicted of violating section 286-102 .”
State v. Ayres Jr., 149 Haw. 207 (Haw. App. 2021).
“5 HRS § 286-136(b) provides in relevant part: (b) Any person who is convicted of violating section 286-102 .”
State v. Wilhelm (Haw. 2026).
“" "[W]e apply a de novo standard of appellate review to the ultimate issue of 2 The State also alleged that Wilhelm should be sentenced in accordance with HRS § 286-136(b) (2020) for having had two or more prior convictions for Driving Without License in the five-year period…”
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