ICJI 1036

ICJI 1036 LEAVING SCENE OF ACCIDENT - ATTENDED VEHICLE

In order for the defendant to be guilty of Leaving the Scene of an Accident [Involving an Attended Vehicle], 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

4. on public or private property open to the public,

5. the defendant's vehicle was involved in an accident

6. which resulted in damage to another vehicle which was driven or attended by a person,

7. the defendant had knowledge of the accident, and

8. either the defendant failed to immediately stop [his] [her] vehicle at the scene of the accident, or to stop as close as possible and then immediately return to the scene of the accident, or after stopping at or returning to the scene of the accident, the defendant failed to remain at the scene until [he] [she] had done the following:

(a) given his or her name and address;

(b) given the name of his or her insurance agent or company, if the defendant had automobile liability insurance;

(c) given the vehicle registration number of the vehicle the defendant was driving; and

(d) if available, exhibited [his] [her] driver's license to the driver of or person attending the other vehicle involved in the collision.

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.

Comment

I.C. �� 49-1301 & 49-1302. Although the statute does not expressly require that the defendant have knowledge of the accident, it is an essential element of the offense. State v. Parish, 79 Idaho 75, 310 P.2d 1082 (1957).