Vermont Model Criminal Jury Instructions CR35-051

The State has charged (Def)_______________ with leaving the scene of an accident, 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) while operating a motor vehicle on a public highway;

(3) was involved in an accident;

(4) (Def)_______________ knew [he] [she] was involved in an accident;

(5) the accident resulted in [injury to another person] [damage to property other than the vehicle that was under (Def)_______________’s control];

(6) (Def)_______________ knew or should have known that the accident resulted in [injury to another person] [damage to property other than the vehicle that was under (Def)_______________’s control]; and

(7) (Def)_______________ failed to immediately stop and [render any assistance that was reasonably necessary] [give [his] [her] name, residence, license number, and the name of the vehicle owner, to the party whose property was injured, and to any law enforcement officer].

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

The second essential element is that (Def)_______________ was operating a motor vehicle on a public highway.

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.

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 term public highway includes 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 third essential element is that (Def)_______________ was involved in an accident.

The fourth essential element is that (Def)_______________ knew [he] [she] was involved in an accident. The State must have proven that (Def)_______________ had actual knowledge of the fact that [he] [she] had been involved in an accident. Actual knowledge may be proven either by means of direct or circumstantial evidence. You may consider all of the surrounding circumstances, including the force of the impact, the noise, and the resulting damage.

The fifth essential element is that the accident resulted in [injury to another person] [damage to property other than the vehicle that was under (Def)_______________’s control].

The sixth essential element is that (Def)_______________ knew or should have known that the accident resulted in [injury to another person] [damage to property other than the vehicle that was under (Def)_______________’s control]. Here proof of actual knowledge is not required. If an [adequate investigation of the circumstances surrounding the accident would have led a reasonable person to conclude that a person had been injured] [impact occurred under such circumstances that a reasonable person would have anticipated injury to another person or to property], then you may infer that (Def)_______________ knew or should have known that the accident had resulted in [injury to another person] [damage to property other than the vehicle that was under [his] [her] control].

The last essential element is that (Def)_______________ failed to immediately stop and [render any assistance that was reasonably necessary] [give [his] [her] name, residence, license number, and the name of the vehicle owner, to the party whose property was injured, and to any law enforcement officer].

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, then you must return a verdict of guilty.