§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).
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1981–2025 · leading case:
State v. Valdivia, 24 P.3d 661 (Haw. 2001).
State v. Valdivia, 24 P.3d 661 (Haw. 2001).
· cites it 2× “2000), and two counts of resisting an order to stop a motor vehicle, in violation of HRS § 710-1027 (1993). During closing arguments, Valdivia conceded guilt as to the offenses of second degree terroristic threatening, reckless driving, and resisting an order to stop a motor…”
State v. DeCastro, 913 P.2d 558 (Haw. App. 1996).
· cites it 10× “" Defendant, however, did argue that the transcript indicated that he had "permission to leave," and thus, Defendant did not have the requisite intent under HRS § 710-1027 (1993) to disobey the officer's order to stop.”
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009).
· cites it 2× “"); Haw.Rev.Stat. § 710-1027(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…”
State v. Faulkner, 624 P.2d 940 (Haw. App. 1981).
· cites it 4× “Appellant was convicted in a jury trial of resisting an order to stop motor vehicle (HRS § 710-1027) 1 and sentenced to one year’s probation with the requirement that he undergo mental health counseling.”
State v. Yonaha, 723 P.2d 185 (Haw. 1986).
· cites it 4× “This is an appeal from a conviction for resisting an order to stop a motor vehicle in violation of HRS § 710-1027. The oral charge read: On or about April 4, 1985, in the Honolulu District, City and County of Honolulu, State of Hawaii, you, as an operator of a motor vehicle,…”
State v. Kealoha., 414 P.3d 98 (Haw. 2018).
· cites it 2× “6, and Resisting an Order to Stop a Motor Vehicle in violation of HRS § 710-1027. 3 On June 7, 2013, in Cr.”
State v. Delima, 893 P.2d 194 (Haw. 1995).
· cites it 3× “HRS § 710-1027 provides: Resisting an order to stop a motor vehicle.”
State v. Martin, 75 P.3d 724 (Haw. App. 2003).
· cites it 6× “HRS § 710-1027 (1993) reads as follows: § 710-1027 Resisting an order to stop a motor vehicle.”
Kalilikane v. McCravey, 737 P.2d 862 (Haw. 1987).
“McCravey arrested Kalilikane for Resisting an Order to Stop a Motor Vehicle (Hawaii Revised Statutes § 710-1027), a misdemeanor. Officer Margaret Hirakawa arrived to assist in the arrest.”
State v. Duldulao, 948 P.2d 564 (Haw. App. 1997).
· cites it 2× “BACKGROUND On April 9, 1996, the 0‘ahu Grand Jury indicted Duldulao and co-defendant Valentin Isla Corpuz (Corpuz) for Burglary in the First Degree and indicted Corpuz for Unauthorized Control of Propelled Vehicle, HRS § 708-836 (1993), Resisting an Order to Stop Motor Vehicle,…”
State v. Patoc (Haw. App. 2025).
· cites it 8× “continued) order to stop a motor vehicle in the second degree, in violation of HRS § 710-1027 (2014). 2 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER since Patoc's arrest.”
Burton v. City & Cnty. of Hawaii (D. Haw. 2022).
· cites it 4× “6, resisting an order to stop a motor vehicle under HRS § 710-1027, driving without a license and no-fault insurance, and OVUII.”
— Haw. Rev. Stat. § 710-1027(1) — 5 cases
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009).
“"); Haw.Rev.Stat. § 710-1027(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…”
State v. DeCastro, 913 P.2d 558 (Haw. App. 1996).
“" Defendant, however, did argue that the transcript indicated that he had "permission to leave," and thus, Defendant did not have the requisite intent under HRS § 710-1027 (1993) to disobey the officer's order to stop.”
State v. Faulkner, 624 P.2d 940 (Haw. App. 1981).
“Appellant was convicted in a jury trial of resisting an order to stop motor vehicle (HRS § 710-1027) 1 and sentenced to one year’s probation with the requirement that he undergo mental health counseling.”
State v. Martin, 75 P.3d 724 (Haw. App. 2003).
“HRS § 710-1027 (1993) reads as follows: § 710-1027 Resisting an order to stop a motor vehicle.”
State v. Yonaha, 723 P.2d 185 (Haw. 1986).
“This is an appeal from a conviction for resisting an order to stop a motor vehicle in violation of HRS § 710-1027. The oral charge read: On or about April 4, 1985, in the Honolulu District, City and County of Honolulu, State of Hawaii, you, as an operator of a motor vehicle,…”
— Haw. Rev. Stat. § 710-1027(2) — 1 case
State v. Patoc (Haw. App. 2025).
“continued) order to stop a motor vehicle in the second degree, in violation of HRS § 710-1027 (2014). 2 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER since Patoc's arrest.”
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