NC · jury_instructions

N.C.P.I.—Crim. 255.03

DRIVING AFTER FAILURE TO APPEAR-ALCOHOL-RELATED OFFENSES. MISDEMEANOR.

activein force · 2007-06-01 – presentas-observed

NOTE WELL: This instruction applies to offenses

occurring on or after December 1, 2006.

The defendant has been charged with failure to appear.

For you to find the defendant guilty of this offense, the State must

prove three things beyond a reasonable doubt:

First, that on (name date) the defendant was charged with an

implied-consent offense. (Name offense) is an implied-consent offense.1

Second, that the defendant was ordered to appear for a regularly

scheduled court appearance within two years from the date of the

charged offense.

And Third, that the defendant failed to appear for a regularly

scheduled court appearance for at least two years from the date of the

charge.

If you find from the evidence beyond a reasonable doubt that the

defendant, on (name date) was charged with an implied-consent offense,

that the defendant was ordered to appear for a regularly scheduled court

appearance within two years from the date of the charged offense, and

that the defendant failed to appear for a regularly scheduled court

appearance for at least two years from the date of the charge, it would

be your duty to return a verdict of guilty. If you do not so find or have a

reasonable doubt as to one or more of these things, it would be your duty

to return a verdict of not guilty.

History

N.C.P.I.—Crim. 255.03 (June 2007). N.C. Gen. Stat. § 20-28(a2). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.

Provenance

Source: sog.unc.edu
Retrieved: 2026-09-25
Edition: 2026-09-24
Content hash: 29a9c6136fbf1a4881171e61683b7f5be88f3c0d2c960fbf6a1c4452905a1668

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