§710-1027  Resisting an order to stop a
motor vehicle.  (1)  A person commits the offense of resisting an order to
stop a motor vehicle 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
is a misdemeanor. [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.



 



Case Notes



 



  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 H. 147 (App.), 913 P.2d 558.