CR61-021 06/15/17

SPEEDING (JUDICIAL BUREAU APPEAL; SPEED LIMIT SET BY STATE AUTHORITY) – 4 V.S.A. § 1107; 23 V.S.A. §§ 1003, 1081

The State has charged (Def)_______________ with speeding, as follows:

[Read the charge.]

The offense charged 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 by clear and convincing evidence. In this case, the essential elements are that on the date and at the place alleged:

(1) (Def)_______________;

(2) Operated a motor vehicle;

(3) On a highway;

(4) At a speed greater than the limit established as the highway’s maximum lawful speed.

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 covers all matters and things connected with the presence and use of motor vehicles on a highway. The definition of motor vehicle includes all vehicles propelled or drawn by power other than muscular power.

The third essential element is that (Def)_______________ operated a motor vehicle on a highway. The term highway is defined to include all parts of any roadway, street, bridge, culvert, or other place open temporarily or permanently to public or general circulation of vehicles.

The last essential element is that (Def)_______________ operated a motor vehicle at a speed greater than the limit established as the highway’s maximum lawful speed. [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. As regarding this element, the State must prove 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.]

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 by clear and convincing evidence, then you must find (Def)_______________ not guilty. If, however, the State has proven all of the essential elements by clear and convincing evidence, you must return a verdict of guilty.