ICJI 1037

ICJI 1037 LEAVING SCENE OF ACCIDENT - UNATTENDED VEHICLE

In order for the defendant to be guilty of Leaving the Scene of an Accident [Involving an Unattended 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. which collided with an unattended vehicle,

5. the defendant had knowledge of the collision, and

6. the defendant failed to stop and do either of the following:

(a) locate the operator or owner of the unattended vehicle and notify him or her of the defendant's name and address and of the name and address of the owner of the vehicle the defendant was driving, or

(b) leave in a conspicuous place in the unattended vehicle a written notice giving the defendant's name and address, the name and address of the owner of the vehicle the defendant was driving, and a statement of the circumstances.

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. � 49-1303. 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).