Haw. Rev. Stat. § 710-1027: Resisting an order to stop a motor vehicle in the second degree.
Where this section sits in the code
- HI Code
- Division 5
- Title 37
- Chapter 710
(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.
Collected 2026-09-14T18:32:11Z. Source file · JSON