§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. [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).
Structure Hawaii Revised Statutes
710. Offenses Against Public Administration
710-1000 Definitions of terms in this chapter.
710-1010 Obstructing government operations. §710-1010 Commentary:
710-1010.5 Interference with reporting an emergency or crime.
710-1011 Refusing to aid a law enforcement officer. §710-1011 Commentary:
710-1012 Refusing to assist in fire control. §710-1012 Commentary:
710-1013 Compounding. §710-1013 Commentary:
710-1014 Rendering a false alarm. §710-1014 Commentary:
710-1014.5 Misuse of 911 emergency telephone service.
710-1015 False reporting to law-enforcement authorities. §710-1015 Commentary:
710-1016 Impersonating a public servant. §710-1016 Commentary:
710-1016.5 REPEALED. L 1987, c 130, §2.
710-1016.6 Impersonating a law enforcement officer in the first degree.
710-1016.7 Impersonating a law enforcement officer in the second degree.
710-1017 Tampering with a government record. §710-1017 Commentary:
710-1017.5 Sale or manufacture of deceptive identification document; penalties.
710-1018 Securing the proceeds of an offense. §710-1018 Commentary:
710-1019 Destroying or defacing official notices; penalty.
710-1020 Escape in the first degree.
710-1021 Escape in the second degree. § §710-1020 And 710-1021 Commentary:
710-1022 Promoting prison contraband in the first degree.
710-1023 Promoting prison contraband in the second degree. § §710-1022 And 710-1023 Commentary:
710-1024 Bail jumping in the first degree.
710-1025 Bail jumping in the second degree.
710-1026 Resisting arrest. §710-1026 Commentary:
710-1026.9 Resisting an order to stop a motor vehicle in the first degree.
710-1027 Resisting an order to stop a motor vehicle in the second degree.
710-1028 Hindering prosecution; definition of rendering assistance.
710-1029 Hindering prosecution in the first degree.
710-1030 Hindering prosecution in the second degree. § §710-1028 To 710-1030 Commentary:
710-1031 Intimidating a correctional worker.
710-1040 Bribery. §710-1040 Commentary:
710-1061 False swearing in official matters.
710-1063 Unsworn falsification to authorities. § §710-1060 To 710-1063 Commentary:
710-1064 Retraction. §710-1064 Commentary:
710-1065 Inconsistent statements. §710-1065 Commentary:
710-1066 No prosecution based on previous denial of guilt. §710-1066 Commentary:
710-1067 Corroboration. §710-1067 Commentary:
710-1068 Irregularities no defense. §710-1068 Commentary:
710-1069 Misrepresenting a notarized document in the first degree.
710-1069.5 Misrepresenting a notarized document in the second degree.
710-1070 Bribery of or by a witness. §710-1070 Commentary:
710-1071 Intimidating a witness.
710-1072 Tampering with a witness. §710-1072 Commentary:
710-1072.2 Retaliating against a witness.
710-1072.5 Obstruction of justice.
710-1073 Bribery of or by a juror.
710-1074 Intimidating a juror.
710-1075 Jury tampering. § §710-1073 To 710-1075 Commentary:
710-1075.5 Retaliating against a juror.
710-1076 Tampering with physical evidence. §710-1076 Commentary: