§710-1027 Resisting an order to stop a motor vehicle in the second degree.

388 words·~2 min read·/hi/chapter-710/710-1027

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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. [L 1972, c 9, pt of §1; gen ch 1993; am L 2001, c 91, §4; am L 2016, c 231, §48]

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.

SUPPLEMENTAL COMMENTARY ON §710-1027

Act 231, Session Laws 2016, amended this section by changing the offense of "resisting an order to stop a motor vehicle" to "resisting an order to stop a motor vehicle in the second degree." The amendment implemented recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).

Case Notes

Charge was fatally defective for failing to allege intent. 68 H. 586, 723 P.2d 185 (1986).

Evidence held sufficient. 1 H. App. 651, 624 P.2d 940 (1981).

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 H. 147 (App.), 913 P.2d 558 (1996).