Haw. Rev. Stat. § 710-1027

Current through Act 76 of the 2020 Legislative Session
Section 710-1027 - Resisting an order to stop a motor vehicle in the second degree
(1) A person commits the offense of resisting an order to stop a motor vehicle in the second degree if the person intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's vehicle.
(2) Resisting an order to stop a motor vehicle in the second degree is a misdemeanor.

HRS § 710-1027

Amended by L 2016, c 231,§ 48, eff. 7/1/2016.
L 1972, c 9, pt of §1; gen ch 1993; am L 2001, c 91, §4 .

COMMENTARY ON § 710-1027

This section is designed to deal with the special problems incident to motor vehicle direction and apprehension of suspects in motor vehicles. Note that whereas it is not made an offense to evade arrest by running away, if the attempt to escape involves a motor vehicle, this section comes into operation. One reason for this special treatment is the inherent danger involved in escape and pursuit by motor vehicle. Another reason, incident to traffic direction and control, is the desirability of giving a peace officer criminal sanctions to back up the peace officer's reasonable traffic directions.

The section specifies that the actor act intentionally. For conviction the actor must have recognized the person giving the order to be a peace officer. For the same reasons discussed in the commentary to § 710-1026, it is no defense that the order given was unlawful.

Previous Hawaii law had no specific provision relating to this situation.

Charge was fatally defective for failing to allege intent. 68 H. 586, 723 P.2d 185. Evidence held sufficient. 1 H. App. 651, 624 P.2d 940. Harm committed by defendant resisting an order to stop a motor vehicle under subsection (1) by driving away after traffic stop not reasonably designed to actually avoid possible serious physical harm to defendant or passenger under § 703-302(1)(a).81 Haw. 147 (App.),913 P.2d 558.