Vermont Model Criminal Jury Instructions CR31-056

The State has charged (Def)_______________ with [operating] [attempting to operate] a motor vehicle on a public highway [while [his] [her] operator’s right, license or privilege was suspended] [after [his] [her] operator’s license had been revoked], as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) [operated] [attempted to operate] a motor vehicle;

(3) on a public highway;

(4) at the time, (Def)_______________’s [license] [privilege] to operate a motor vehicle had been [suspended] [revoked], and the license had not yet been reinstated;

(5) the Department of Motor Vehicles had notified (Def)_______________ of the [suspension] [revocation]; and

(6) the [[suspension] [revocation] was the result of (Def)_______________’s violation of 23 V.S.A. § 1201] [license was suspended under 23 V.S.A. § 1205].

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ [operated] [attempted to operate] a motor vehicle.

[The term operate, as applied to motor vehicles, includes driving, and it also includes an attempt to operate. The word operate covers all matters and things connected with the presence and use of motor vehicles on the highway, whether they are in motion or at rest. Operation may be shown by a person sitting behind the wheel of a motor vehicle, with the engine running. It may also be shown by a person attempting to move the vehicle, whether or not the engine is running.]

[An attempt to operate is included within the definition of operate. The State must have proven an open, physical act by (Def)_______________ coupled with an intent to operate the vehicle. You must distinguish between mere preparation and the actual start of the criminal conduct. An act is sufficient to be an attempt to commit the offense if the act is willful and knowing, and if it progresses far enough to be the beginning of the crime. The act must be part of a series of events which would lead to the completion of the crime, if not interrupted. An act is done willfully if it is done on purpose, and not inadvertently, because of mistake, or by accident. Here the State alleges that (Def)_______________ attempted to operate the vehicle, by (specific acts)_______________.]

The term vehicle includes all vehicles propelled or drawn by power other than muscular power [except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices].

The third essential element is that the activity took place on a public highway. The term public highway is defined to include all parts of any roadway, street, bridge, culvert, [square, fairground] or other place open temporarily or permanently to public or general circulation of vehicles [and it also includes a way laid out under authority of law].

The fourth essential element is that, at the time, (Def)_______________’s [license] [privilege] to operate a motor vehicle had been [suspended] [revoked], and the license had not yet been reinstated. [The State has provided a printout attested to by a law enforcement officer as (Def)_______________’s motor vehicle record showing convictions and resulting license suspensions. You may draw an inference that (Def)_______________ was under suspension on the dates and time periods set forth in the record. However, you are not required to draw any inference from this evidence.]

The fifth essential element is that the Department of Motor Vehicles had notified (Def)_______________ of the [suspension] [revocation]. The State need not have proven that (Def)_______________ had received actual notice that [his] [her] license had been [suspended] [revoked]. If the State mailed [him] [her] a demand for the surrender of [his] [her] license, to [his] [her] last known address, then you may find that, three days later, [he] [she] had sufficient notice of the [suspension] [revocation].

The last essential element is that the [suspension] [revocation] was the result of (Def)_______________’s violation of 23 V.S.A. § [1201] [1205].

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.