ICJI 1035

ICJI 1035 LEAVING SCENE OF INJURY ACCIDENT

In order for the defendant to be guilty of Leaving the Scene of an Injury Accident, the state must prove each of the following:

1. On or about [date],

2. in the state of Idaho,

3. the defendant [name] was driving a motor vehicle which was involved in an accident

4. either upon public or private property open to the public,

5. such accident resulted in [injury to] [or] [the death of] a person,

6. the defendant knew or had reason to know that the accident had resulted in [injury to] [or] [the death of] a person, and

7. either the defendant failed to immediately stop [his] [her] vehicle at the scene of the accident or as close to the scene as possible without obstructing traffic more than necessary, or the defendant failed to remain at the scene of the accident until [he] [she] had done the following:

(a) rendered reasonable assistance to any person injured in the accident;

(b) given to the person struck, or to the driver or occupant of or person attending any vehicle collided with, the defendant's name and address, the name of the defendant's insurance agent or company if the defendant had automobile liability insurance, and the motor vehicle registration number of the vehicle the defendant was driving.

(c) exhibited the defendant's driver's license, if it was available, to the person struck or to the driver or occupant of or person attending any vehicle collided with.

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

As used herein, rendering reasonable assistance to a person injured includes conveying, or making arrangements for conveying, that person to a physician, surgeon, hospital, or other medical facility for medical or surgical treatment if it is apparent that such treatment is necessary or if such conveying is requested by the injured person.

Comment

I.C. � 18-8007.