GOULD, Judge.
¶ 1 Leonel Martinez appeals his conviction and resulting sentence imposed for one count of unlawful flight. Martinez argues that there was insufficient evidence to support the jury's verdict and that he was denied due process and a fair trial by the improper admission of opinion testimony regarding his truthfulness. For the following reasons, we affirm.
¶ 2 At about 6:30 in the evening on November 15, 2007, Officer Shipley pulled over a black Chevy pick-up truck headed westbound on Virginia near 7th Street in Phoenix. Officer Shipley was driving a marked police car that displayed police decals and was equipped with overhead lights and sirens. To conduct the traffic stop, he turned on the overhead lights and pulled the truck over. Officer Shipley shined his spotlight on the passenger compartment of the truck, and ran the truck's license plate number and discovered the registered owner's license was suspended. With this information, he approached the driver-side door and asked the driver for his driver's license, registration, and proof of insurance. The driver did not comply with Officer Shipley's requests; instead, the truck lurched forward about five or ten feet. Officer Shipley again approached the driver-side door and directed the driver to put the truck in park. The driver looked at Officer Shipley, sighed, did not respond, and sped away. Officer Shipley returned to his patrol car and pursued the truck. Officer Shipley testified at trial that during the pursuit he "might have had the siren on with lights for a short period of time just to give him [the driver] the opportunity to pull over again." However, because the driver was driving erratically and almost collided with construction barricades, Officer Shipley discontinued the pursuit after a few moments. Officer Shipley later checked MVD records and confirmed that the registered owner of the truck, Martinez, was the individual he had contacted driving the truck on November 15.
¶ 3 At about 11:30 p.m. on November 15, Officer Fortune contacted Martinez in response to his call reporting a stolen black Chevy truck. Officer Fortune was aware that a truck of the same description had been involved in a felony flight earlier that evening. Martinez told Officer Fortune that he had left his truck at his brother's condo after getting off work. Martinez stated his friend had picked him up to go to the gym and then dropped him off at Martinez's girlfriend's house, and that Martinez's brother had later called to tell him his truck had been stolen. Officer Fortune did not believe Martinez's story. After confirming that Martinez was suspected of involvement in the felony flight from Officer Shipley, Officer Fortune arrested Martinez.
¶ 4 Martinez was charged with one count of unlawful flight from a law enforcement vehicle pursuant to Arizona Revised Statutes ("A.R.S.") section 28-622.01 (2004).
¶ 5 Relying on A.R.S. § 28-624(C), Martinez argues that to support his conviction for unlawful flight the State was required to prove that Officer Shipley activated his emergency lights during the subject pursuit. Martinez contends there was insufficient evidence to support the jury's verdict because there was no specific testimony that
¶ 6 We disagree. On its face, A.R.S. § 28-624(C) does not require the activation of emergency lights to prove the crime of unlawful flight. Section 28-624 exempts drivers of "authorized emergency vehicles" from certain traffic regulations if the driver is "operating at least one lighted lamp displaying a red or red and blue light or lens."
¶ 7 The essence of the crime of unlawful flight involves a defendant willfully fleeing from an official law enforcement vehicle. See State v. Fogarty, 178 Ariz. 170, 171, 871 P.2d 717, 718 (App.1993) (holding that "any refusal to stop on command of an officer who is in a police car violates the felony flight statute because of the potential for personal danger inherent in vehicular pursuit"). While operating emergency lights or a siren may provide circumstantial evidence that a defendant was "willfully" fleeing from an official law enforcement vehicle, such actions are not essential elements of the crime of unlawful flight. See In re Joel, 200 Ariz. 512, 514, ¶ 8, 29 P.3d 287, 289 (App.2001) (upholding a finding of delinquency for unlawful flight where the police officer did not activate his siren).
¶ 8 We hold that pursuant to A.R.S. § 28-622.01, the crime of unlawful flight requires proof that: (1) the defendant, who was driving a motor vehicle, wilfully fled or attempted to elude a pursuing official law enforcement vehicle, and (2) the law enforcement vehicle was appropriately marked showing it to be an official law enforcement vehicle. To the extent the current criminal Revised Arizona Jury Instructions ("RAJI") differ from these essential elements, they should be amended to conform to this decision.
¶ 9 Based on the foregoing, even if the jury concluded that Officer Shipley did not activate his emergency lights, Martinez's conviction for unlawful flight is supported by the evidence. Sufficient evidence was presented on all of the elements of the crime of unlawful flight, including evidence that Officer Shipley was driving "an authorized emergency vehicle operated as a police vehicle" when he attempted to stop Martinez.
¶ 10 Martinez next argues the trial court fundamentally erred in admitting testimony from Officer Fortune that he thought Martinez was lying.
¶ 11 Arizona prohibits testimony from an expert or a lay witness that opines as to the truthfulness of a statement by another witness. State v. Reimer, 189 Ariz. 239, 241, 941 P.2d 912, 914 (App.1997). Testimony about the truthfulness or credibility of other witnesses invades the province of the jury. State v. Moran, 151 Ariz. 378, 383, 728 P.2d 248, 253 (1986). However, "[l]ay witnesses may give opinion testimony, even as to the ultimate issue, when it is `rationally based on the perception of the witness and... helpful to a clear understanding of the witness' testimony or the determination of a fact in issue.'" State v. Doerr, 193 Ariz. 56, 63, ¶ 26, 969 P.2d 1168, 1175 (1998) (quoting Ariz. R. Evid. 701).
¶ 12 When questioned by the State, Officer Fortune testified that Martinez's actions while reporting his truck stolen were standoffish and odd, and that "[Martinez's] story didn't match up. It seemed like [Martinez] was being evasive and lying." Officer Fortune further testified that he had "significant experience with people reporting crimes" and that Martinez's behavior was not typical.
¶ 13 Officer Fortune's testimony that he did not believe Martinez's statements was necessary to explain why Fortune did not continue to investigate the alleged stolen vehicle. During opening statement, and on cross-examination, defense counsel implied that Officer Fortune was less than diligent in his investigation. Under these circumstances, Officer Fortune's statements explaining why he "did not believe the defendant and did not do more to pursue" Martinez's story were permissible. Doerr, 193 Ariz. at 63, ¶¶ 26-28, 969 P.2d at 1175; see also Morales, 198 Ariz. at 375, ¶¶ 13-15, 10 P.3d at 633 (stating that "were they lying" questions and testimony are not always improper and, without more, will rarely amount to fundamental error).
¶ 14 Furthermore, even if the testimony was improper, we are not persuaded its admission was fundamental error. The jury was instructed about its duty to determine the credibility of witnesses, and "[w]e presume that the jurors followed the court's instructions." State v. Newell, 212 Ariz. 389, 403, ¶ 68, 132 P.3d 833, 847 (2006). Nor are we persuaded a reasonable jury could have reached a different verdict absent Officer Fortune's comments in light of Officer Shipley's testimony that he observed Martinez while conducting the traffic stop and later identified Martinez as the driver of the vehicle involved in the unlawful flight. See Henderson, 210 Ariz. at 569, ¶ 27, 115 P.3d at 609.
¶ 15 For the reasons above, we affirm Martinez's conviction and resulting sentence.
CONCURRING: MAURICE PORTLEY, Presiding Judge and ANN A. SCOTT TIMMER, Judge.