Good luck challenging Honolulu's new ban on talking on a cell phone while driving because only 3 percent of ticketed drivers have gotten off so far.

Since the City Council's ordinance took effect on July 1, Honolulu police have issued 385 citations and given 71 warnings through Aug. 8.

Of 271 cases that have gone through the District Court system as of this week, 97 percent of the defendants either have been found guilty or simply paid the $67 fine, according to court records provided to The Advertiser yesterday.

Only nine of the 271 defendants have had their cases "dismissed with prejudice," meaning no verdict was rendered and the prosecution is not allowed to bring the same charges.

Among those nine cases, three defendants claimed innocence and six admitted guilt with mitigating circumstances. All of the cases were decided only after a private "in chambers review" by the judges who heard the cases, according to court records.

The 7-week-old law provides for several legal exceptions, such as emergency 911 calls or work-related, "walkie-talkie" type conversations.

But Honolulu police have said that officers won't know the difference between a legitimate call and an illegal one and drivers would have to prove their innocence to a judge.

In all, 23 people admitted to illegally using an electronic device while driving but said they had mitigating circumstances.

According to the data released by the state judiciary yesterday, 17 of the 23 drivers were still found guilty, although they may have received reduced fines.

Five other people who pleaded guilty with mitigating circumstances are scheduled for in-chambers reviews today through Tuesday.

The data also show that Honolulu police have cited drivers at particular locations, especially in and around Waikiki:

• Ala Wai Boulevard and Kuamo'o Street (40 times).

• Ala Wai Boulevard and Kai'olu Street (20 times).

• Ala Wai Boulevard and Wai Nani Way (15 times).

• Kalakaua Avenue and McCully Street (14 times).

• Ala Wai Boulevard and McCully Street (10 times).

The convictions may have costly ramifications as insurance companies debate whether to raise rates for people convicted of driving while talking on a cell phone.

A moving violation that results in a one-point penalty on a driver's record typically translates into a 10 to 15 percent increase in insurance premiums for an average of three years and for as long as five years, said John Schapperle, president and CEO of Island Insurance, who is also the president and chairman of the Hawaii Insurers Council.

MOVING VIOLATION?

But the City Council ordinance is silent on the issue of whether a violation constitutes a "moving violation," said Janine Gibford, assistant vice president of state affairs for the western region of the American Insurance Association.

"I do not see anything in this legislation as to whether or not it's a moving violation or a misdemeanor," Gibford said. "Each state does things a little differently and some assign points for a moving violation, which an insurer would see when they pull a driver's record."

Six states and the District of Columbia ban cell phones while driving, according to the American Automobile Association and the Insurance Institute for Highway Safety.

Officials at Geico, Hawai'i's largest underwriter of automobile insurance, have discussed whether to raise premiums for cell phone convictions in Honolulu, but have not made a decision.

"I'm not convinced yet that people with a conviction (for violating the cell-phone law) are a significant risk, but we're still looking at it," said Tim Dayton, Geico's general manager in Hawai'i. "We've discussed it a couple of times and we haven't come anywhere close to making a decision."

Even if Geico officials choose to pursue an increase in premiums for cell-phone convictions, the process to get approval from the state insurance commissioner could take months and would not go into effect this year, Dayton said.

"For the next six months for sure, we're not going to be doing anything with it," he said. "It definitely won't happen in 2009, if at all."

Even if drivers' premiums rose for cell-phone violations, Dayton said, people who are currently cited would not see their rates go up.

"I can't see us changing the rules retroactively for an existing policy," he said.

Those same kinds of discussions are being held at other major insurance companies across Honolulu, Schapperle said.

"The cell-phone law is so new and we want to make sure we're not making a snap decision," he said. "But I do think you'll see that some company will step out there and make the decision and other companies will start falling in line."