Executive Summary

Each day in the United States, an estimated 50,000 Americans are pulled over by the police while driving, making traffic stops the single most common way that people interact with the criminal-legal system. It’s not just drivers. While there is far less data on interactions between police and other, non-driving roadway users, we know that pedestrians and bicyclists also interact with police in most cities. 

Our current system of traffic enforcement gives out harsh penalties for offenses that pose little risk to the public. In this report, Hawaiʻi Appleseed refers to these offenses as “minor” or “non-serious” infractions. The focus on these minor offenses means less attention and resources are given to shifts in street design, which do a far better job of improving roadway safety and advancing transportation equity. 

Roadway safety advocates have long championed police enforcement as a tool to hold dangerous drivers accountable. However, there is growing recognition that this approach is ineffective at improving roadway safety. It can also lead to cycles of debt, damaging court records and, in some cases, violent interactions with police, arrests and incarceration. National data shows that communities of color bear the brunt of these impacts, particularly violent policing.

This report examines the negative impacts of traffic enforcement, the prevalence of minor traffic violations in Hawaiʻi, and how traffic enforcement is funded. The report includes recommendations for a more equitable approach to traffic enforcement, including:

• Requiring the police to collect demographic data for all stops, not just arrests;

• Eliminating unnecessary enforcement of pedestrians and bicyclists;

• Reclassifying certain minor traffic infractions as “secondary violations” that cannot be used as pretextual stops;

• Automatically sealing traffic infraction records when cases are closed;

• Creating a fines/fees system that is income-based instead of relying on flat fees; and

• Exploring the establishment of non-police first responder teams whose mission is traffic and road safety, not criminal law enforcement. 

To inform this policy report, the team relied upon three key research methodologies: review of existing literature and studies; review of traffic citations in Hawaiʻi; and interviews with individuals who have received traffic citations in Hawaiʻi. 

An interactive story map complements the report, showcasing the unequal enforcement of jaywalking laws and the stories of those impacted by traffic enforcement. The storymap is publicly accessible and is available at hiappleseed.org/shifting-focus-safe-roads-not-tickets.