Instruction 5.180, Criminal Model Jury Instructions for Use in the District Court

LEAVING THE SCENE OF AN ACCIDENT INVOLVING PROPERTY DAMAGE

G.L. c. 90, § 24(2)(a)

The defendant is charged with knowingly leaving the scene of an

accident involving property damage. In order to prove the defendant guilty

of this offense, the Commonwealth must prove four things beyond a

reasonable doubt:

First: That the defendant operated a motor vehicle;

Second: That while the defendant was operating the vehicle, (he)

(she) caused damage to another vehicle or property either by colliding with

it or in some other way;

Third: That the defendant knew (he) (she) (had collided with

another’s property) (or) (had in some way caused damage to another’s

property); and

Fourth: That after causing such damage, the defendant did not stop

and make known (his) (her) name, home address, and the registration

number of (his) (her) motor vehicle.

A person “operates” a motor vehicle not only while doing all of the

well-known things that drivers do as they travel on a street or highway, but

also when doing any act which directly tends to set the vehicle in motion.

The law is that a person is “operating” a motor vehicle whenever he or she

is in the vehicle and intentionally manipulates some mechanical or

electrical part of the vehicle — like the gear shift or the ignition — which,

alone or in sequence, will set the vehicle in motion.

For the complete definitions of “Operation of a Motor Vehicle,” see instruction 3.200.

A driver has a duty to immediately stop at the scene and offer the

specific information required: name, home address and motor vehicle

registration number. This duty is not satisfied by stopping at some remote

place or by being passively willing to answer inquiries.

Commonwealth v. Martinez, 87 Mass. App. Ct. 582, 584-86 (2015);

Commonwealth v. Horsfall, 213 Mass. 232, 236 (1913).

SUPPLEMENTAL INSTRUCTIONS

1. “Motor vehicle.” The law defines what a “motor vehicle” is

as follows: “all vehicles constructed and designed for

propulsion by power other than muscular power.”

(See G.L. c. 90, § 1 for the statutory definition of a “m otor vehicle.”)

2. Stopped engine. To “operate” a motor vehicle within the

meaning of the law, it is not necessary that the engine be

running. A driver continues to operate his or her motor vehicle

when it is stopped in the ordinary course of its operation for

some reason that is fairly incidental to the vehicle’s operation.

A person is also considered to be “operating” a stationary

vehicle when he or she manipulates some part of it, like the gear

shift, so that it moves forward of its own weight.

3. Circumstantial evidence of operation. You may find that the

defendant was the operator of the motor vehicle even if no

witness saw him (her) driving the vehicle, if there is enough

circumstantial evidence to prove to you beyond a reasonable

doubt that the vehicle was operated and that the defendant, and

no one else, was the operator of that vehicle.

4. To whom information must be given. The statute requires that the

specified information must be given to the person whose

property has been damaged, if reasonably possible, and if not,

to someone acting in their interest or to some public officer or

other person at or near the place at the time of the injury.

Commonwealth v. Horsfall, 213 Mass. 232, 236 (1913);

Commonwealth v. Donohue, 41 Mass. App. Ct. 91, 94 (1996).

5. Extent of damage. The extent of the damage is not relevant

except to the extent that it may be circumstantial evidence of

whether or not the defendant knew that there had been a

collision.