CO · jury_instructions
COLJI-Crim. H:75
DRIVING UNDER A RESTRAINT FROM ANOTHER STATE (VALID LICENSE ISSUED SUBSEQUENT TO RESTRAINT)
The evidence presented in this case has raised the affirmative defense
of “valid license issued subsequent to restraint,” as a defense to driving
under a restraint from another state.
The defendant’s conduct was legally authorized if:
1. he [she] possessed a valid driver’s license issued subsequent to
the restraint that is the basis of the alleged violation.
The prosecution has the burden to prove, beyond a reasonable doubt,
that the defendant’s conduct was not legally authorized by this defense. In
order to meet this burden of proof, the prosecution must disprove, beyond
a reasonable doubt, the above numbered condition.
After considering all the evidence, if you decide the prosecution has
failed to meet this burden of proof, then the prosecution has failed to prove
the defendant’s conduct was not legally authorized by this defense, which
is an essential element of driving under a restraint from another state. In
that event, you must return a verdict of not guilty of driving under a
restraint from another state.
After considering all the evidence, if you decide the prosecution has
met this burden of proof, then the prosecution has proved the defendant’s
conduct was not legally authorized by this defense. In that event, your
verdict concerning the charge of driving under a restraint from another
state must depend upon your determination whether the prosecution has
met its burden of proof with respect to the remaining elements of that
offense.
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
7bc58b6d5b436e33cd6392173513c43b3c9d591cf298d2a2c42b43389f9ef359
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