CR36-011 10/23/23

EXCESSIVE SPEED -- 23 V.S.A. § 1097

The State has charged (Def)_______________ with excessive speed, 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 a motor vehicle;

(3) the operation occurred on a public highway; and

(4) (Def)_______________ operated [his] [her] motor vehicle at a speed of 60 miles per hour or more and at least 30 miles per hour in excess of a [State speed zone] [local speed limit].

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

The second essential element is that (Def)_______________ operated 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.

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 (Def)_______________ operated the motor vehicle 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 last essential element is that (Def)_______________ operated [his] [her] motor vehicle at a speed of 60 miles per hour or more and at least 30 miles per hour in excess of a [State speed zone] or [local speed limit].

[Pursuant to state statute, the maximum lawful speed limit was (speed limit value)_______________ miles per hour along the stretch of (road)_______________ at issue here.] [Under Vermont law, the State Traffic Committee may establish a speed limit on all or a part of any state highway.] Here, the State must have proven that the Traffic Committee validly established a maximum lawful speed limit of (speed limit value)_______________ miles per hour along the stretch of (road)_______________ at issue here.]

[Under Vermont law, the legislative body of a municipality may establish a speed limit on all or a part of any city, town or village highway within its jurisdiction.] Here, the State must have proven that the legislative body of the [Town] [City] of (Town or City)_______________ validly established a maximum lawful speed limit of (speed limit value)_______________ miles per hour along the stretch of (road)_______________ at issue here.]

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.