See also notes at end of this chapter.

Applies to repeat offenders and to defendants being sentenced at a single proceeding. 751 F. Supp. 1420.

Borrower of a vehicle cannot assert a good-faith defense without at least inquiring of the owner whether or not the vehicle is insured. 71 H. 178, 787 P.2d 214.

Where State conceded that appellant had borrowed uninsured vehicle from a friend, in order to defeat lack of knowledge defense, State was required to prove beyond reasonable doubt that appellant actually knew that the vehicle was uninsured at the time appellant was operating it. 78 H. 86, 890 P.2d 673.

Certified copy of a person’s traffic abstract is satisfactory evidence to establish the person’s prior no no-fault insurance conviction; State not required to show defendant was counseled at time of prior no no-fault insurance conviction; there was insufficient proof of defendant’s prior conviction to support enhanced sentence for no no-fault insurance offense, where record disclosed no evidence to tie defendant with [person with the same name] of the traffic abstract. 9 H. App. 516, 852 P.2d 476.

Pursuant to §431:10C-117(a)(2) (1992) good faith defense and §431:10C-117(a)(2)(C) (1992) reasonable belief defense, borrower of a motor vehicle has a statutory right to reasonably believe that borrowed motor vehicle is insured. If one or more relevant facts reasonably required borrower to inquire, borrower then had a duty to inquire until borrower reasonably believed that motor vehicle was insured. 10 H. App. 519, 879 P.2d 566.

It was the "obvious intention" of the legislature to authorize the retroactive application of the part of Act 167, L 1990, that authorized the sentencing court the discretion to impose a sentence of community service instead of a fine. 77 H. 476 (App.), 888 P.2d 376.

Where defendant was sentenced pursuant to subsection (a)(2), because the district court may have been unaware of the applicability of quoted parts of §§706-641 and 706-642 and of its discretionary authority to sentence defendant to perform community service rather than to pay the fine, appellate court vacated the part of the sentence ordering defendant to pay a $1,000 fine and remanded that part for resentencing. 77 H. 476 (App.), 888 P.2d 376.

An officer who has grounds to arrest individual for driving without no-fault insurance is required to issue summons or citation in lieu of physically taking defendant to police station or court. 78 H. 98 (App.), 890 P.2d 685.