Out-of-State Tourists Facing Hit and Run or Reckless Driving Charges in Hawaii Rental Cars

Millions of tourists flock to Hawaii every year to enjoy the stunning landscapes, but navigating unfamiliar roads like the winding Hana Highway or crowded Waikiki streets can easily lead to accidents. In a moment of panic, an out-of-state driver who scrapes a parked car or causes a minor collision might decide to just drive off, return the rental car, and fly home. This is a massive mistake. A hit and run or a reckless driving charge in Hawaii is a serious criminal offense, and flying back to the mainland will not protect you from prosecution.

Because you are dealing with interstate legal systems and aggressive local prosecutors, attempting to ignore the problem will only make it worse. We strongly encourage you to browse our USA Lawyers Catalog to find an experienced Hawaii criminal defense attorney who can handle your case locally while you remain in your home state.

Step-by-Step Process in Hawaii

Whether your accident happened in Honolulu, Maui, or Kauai, the process of investigating a tourist hit and run follows a standard pattern. Your case will ultimately be handled by a local district court, such as the District Court of the First Circuit, Honolulu, the District Court of the Second Circuit, Wailuku, or the District Court of the Fifth Circuit, Lihue.

Step 1: Hertz, Avis, and Rental Agency Cooperation

Tourists often assume that because they were driving a generic rental car, they cannot be traced. This is completely false. When a witness reports a license plate to the Honolulu Police Department, Honolulu or the Maui Police Department, Wailuku, the police simply contact the rental agency. Major companies like Hertz, Avis, and Enterprise have strict policies requiring them to immediately hand over your rental agreement, copy of your driver's license, and home address to law enforcement. You will also be charged exorbitant damage fees directly to the credit card you placed on file.

Step 2: Interstate Extradition and Bench Warrants

Under Haw. Rev. Stat. § 291C-13, leaving the scene of an accident involving vehicle or property damage is a crime. Where an accident involves bodily injuries, the offense is charged under separate statutes: Haw. Rev. Stat. § 291C-12.6 for bodily injury (misdemeanor), Haw. Rev. Stat. § 291C-12.5 for substantial bodily injury (Class C felony), or Haw. Rev. Stat. § 291C-12 for serious bodily injury or death (Class B felony). If you leave the island and ignore the subsequent police notices, the Hawaii judge will issue a bench warrant for your arrest. Because Hawaii is a member of the Interstate Driver's License Compact, this warrant will be reported to your home state's DMV. If you are pulled over for a broken taillight in California or Texas, the officer will see the Hawaii warrant. For serious injury cases, Hawaii prosecutors will actively initiate interstate extradition to drag you back to the islands.

Step 3: Handling Court Appearances Remotely

The most immediate concern for a tourist is the cost and logistical nightmare of flying back to Hawaii for a 10-minute court hearing. Fortunately, a skilled local defense lawyer can often prevent this. For misdemeanor offenses, your attorney can file a Form C, Hawaii, Hawaii Judiciary, Waiver of Physical Presence; Submission of Plea. This legal document allows your lawyer to stand in front of the judge on your behalf, enter a plea, and negotiate a settlement without you ever needing to board a plane.

Step 4: Negotiating a Resolution

Your attorney will work to minimize the damage to your criminal record and your driving privileges. As established in legal principles similar to State v. Ildefonso, 72 Haw. 573 (HI Supreme Court 1992), proving who was actually driving a vehicle is a burden the state must meet. If multiple people were on the rental agreement, your attorney might challenge the identification. Often, lawyers can negotiate for a civil traffic infraction instead of a criminal misdemeanor if restitution is fully paid to the victim.

How Much Does It Cost?

Ignoring a charge is the most expensive route. Proactively hiring a lawyer saves you money on travel and long-term penalties.

• Attorney Fees: Most Hawaii traffic defense attorneys charge a flat fee ranging from $2,500 to $5,000 for out-of-state tourist representation, covering all remote court appearances.
• Court Fines and Restitution: Reckless driving fines typically range from $500 to $1,000. You will also be required to pay full restitution for the damaged vehicle.
• Travel Savings: Hiring a lawyer is often cheaper than buying last-minute round-trip flights and booking hotels for multiple mandatory court dates.

How Long Does the Process Take?

Once the police file the report, it usually takes 4 to 8 weeks for the prosecutor to officially file criminal charges and mail a summons to your mainland address. If a bench warrant has already been issued, your attorney can usually get a hearing to recall the warrant within 7 to 14 days. Resolving the entire case through a negotiated plea or dismissal typically takes 3 to 6 months.

Frequently Asked Questions (FAQ)