CO · jury_instructions
COLJI-Crim. 42:19.SP
OPERATION WITHOUT INSURANCE—SPECIAL INSTRUCTION (FAILURE TO PRESENT)
As to the charge of operation without insurance, testimony that an
operator of a [motor vehicle] [low-power scooter] failed to immediately
present evidence of a complying policy or certificate of self-insurance in
full force and effect as required by law, when requested to do so by a peace
officer, gives rise to a permissible inference that the defendant did not have
such a policy or certificate.
A permissible inference allows, but does not require, you to find a
fact from proof of another fact or facts, if that conclusion is justified by the
evidence as a whole. It is entirely your decision to determine what weight
shall be given the evidence.
You must bear in mind that the prosecution always has the burden of
proving each element of the offense beyond a reasonable doubt, and that a
permissible inference does not shift that burden to the defendant.
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
f2295c2d9b02434847bce2c0b2d60ed171281bc5e0fe56bdf45953da7d73a5a2
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