REFUSAL TO OBEY POLICE OFFICER

G.L. c. 90 § 25

• A person is guilty of refusing to obey a police officer if the Commonwealth can prove four elements, beyond a reasonable doubt:
  • (1) That the defendant was operating or in charge of a motor vehicle;
  • (2) That the police officer was either in uniform or had his or her badge conspicuously displayed on the outside of his or her clothing;
  • (3) That the defendant (refused to give his or her name and address to the officer upon request)(refused to give the name and address of the owner of the motor vehicle to the officer upon request)(gave the officer a false name and address)(refused or neglected to stop when signaled to do so by the officer)(refused to produce his or her license and registration upon the officer’s request)(refused to sign his or her name in the presence of the officer); and
  • (4) That the defendant realized that the police officer had made such a command, and the defendant intentionally disobeyed it
• Practice Notes

The statute has broadened the interpretation of displaying the badge or being in uniform to include a sufficient manner that the defendant was effectively notified that they were being told to stop by a police officer.  Commonwealth v. Gray, 423 Mass. 293, 295 (1996).