SEQ CHAPTER \h \r 1CR33-081 04/04/06

ATTEMPTING TO ELUDE A POLICE OFFICER (by other means) – 23 V.S.A. § 1133(e)

The State has charged (Def)_______________ with attempting to elude a police officer, 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) was operating a motor vehicle on a public highway;

(3) (Def)_______________ was signaled to stop [his] [her] vehicle by an enforcement officer, (officer)_______________;

(4) the enforcement officer was [operating a law enforcement vehicle that was sounding a siren and displaying a flashing blue or blue and white signal lamp] [displaying insignia identifying [him] [her] as a law enforcement officer]; and

(5) (Def)_______________ then left [his] [her] vehicle and ran away, in an attempt to elude the officer by other means.

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 definition of motor vehicle includes all vehicles propelled or drawn by power other than muscular power [except tractors used entirely for work on the farm, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, all-terrain vehicles or implements of husbandry, or tracked vehicles].

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 third essential element is that (Def)_______________ was signaled to stop [his] [her] vehicle by an enforcement officer.  Here the State alleges that (Def)_______________ was signaled to stop by (officer)_______________.  The term enforcement officer includes sheriffs, deputy sheriffs, [constables] [police officers] [state’s attorneys] [motor vehicle inspectors] [state game wardens], and state police.

The fourth essential element is that the enforcement officer was [operating a law enforcement vehicle that was sounding a siren and displaying a flashing blue or blue and white signal lamp] [displaying insignia identifying [him] [her] as a law enforcement officer].

The last essential element is that (Def)_______________ then left [his] [her] vehicle and ran away, in an attempt to elude the officer by other means.

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.