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NC · jury_instructions

N.C.P.I.—Crim. 271.77

FAILURE TO RETURN WITH THE VEHICLE AFTER BEING PERMITTED TO REMOVE IT FROM THE SCENE AFTER AN ACCIDENT RESULTING IN [DAMAGE TO PROPERTY] [INJURY OR DEATH TO PERSON OF WHICH THE PASSENGER WAS UNAWARE]—PASSENGER. MISDEMEANOR.

activein force · 2006-06-01 – presentas-observed

The defendant has been charged with failure to return with the vehicle

after being permitted to remove the vehicle from the scene of an [accident]

[collision] resulting in [damage to property] [injury or death to any person

about which the defendant did not know or have reason to know].

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

prove five things beyond a reasonable doubt:

First, that the defendant was the passenger of a vehicle that was

involved in a reportable accident. A reportable accident 1 is one involving a

motor vehicle that results in [death or injury of a human being] [total

property damage of one thousand dollars ($1,000) or more] [property

damage of any amount to a vehicle seized because it was driven by a person

charged with an offense involving impaired driving whose license was

already revoked as a result of a prior impaired driving offence).

Second, that the defendant knew or reasonably should have known

that the vehicle was involved in an [accident] [collision].

Third, that the accident resulted in [damage to property] [injury or

death to any person about which the defendant did not know or have reason

to know].

Fourth, that defendant removed the vehicle to [call for a law

enforcement officer] [call for medical assistance] [call for medical treatment]

[remove defendant or others from significant risk of injury]

And Fifth, that defendant willfully failed to return with the vehicle to

the accident scene within a reasonable period of time.

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

about the alleged date the defendant was the passenger of a vehicle that

was involved in a reportable accident, that the defendant knew or

reasonably should have known that the vehicle was involved in an [accident]

[collision], that the accident resulted in [damage to property] [injury or

death to any person about which the defendant did not know or have reason

to know], that defendant removed the vehicle to [call for a law enforcement

officer] [call for medical assistance] [call for medical treatment] [remove

defendant or others from significant risk of injury], and that defendant

willfully failed to return with the vehicle to the accident scene within a

reasonable period of time, 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. 271.77 (June 2006). N.C. Gen. Stat. § 20-166.2(a). 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
32c7473a3057fa581deb0acca3f3f9ccade1a02ca066720e9e896fc757849a0c
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