§286-138 Prohibiting "fixing" of tickets and providing penalties therefor; nolle prosequi by prosecuting attorney only by motion and approval of court. (a) It shall be unlawful for any person, including any government official or employee of the State or county, to "fix", "void", change, modify, adjust, tamper with, or otherwise dispose of any traffic citation, notice, or summons. Nothing in this subsection shall be construed to affect the powers of the judges of the several courts in the exercise of their judicial functions. Any person who intentionally or knowingly violates this subsection shall be guilty of a class C felony; except that the person shall be fined not less than $1,000 and not more than $10,000. Any government official or employee of this State or any county who violates this subsection shall be summarily discharged from the official's or employee's office or employment.

(b) No nolle prosequi shall be entered in any case involving a violation of the traffic laws or ordinances of the State or of the several counties and no case or any charge arising therefrom shall be stricken, amended, or reduced, except by consent of the court upon motion of the prosecuting attorney stating the reasons therefor. The court may deny the motion if it deems the reasons insufficient. [L 1961, c 113, pt of §1; Supp, §160-72; HRS §286-138; am L 1970, c 188, §39; gen ch 1985; am L 1993, c 214, §8; am L 1997, c 153, §3]

Case Notes

Discharge of public employee from employment was valid. 71 H. 419, 794 P.2d 1115.