Proposed Jury Instructions for Motor Vehicle Offenses

20170504_212700

TA 21-301 (a) [Drafted by Paul Notarianni,  2017]

Failure to Drive Right of Center

The Defendant is charged with the crime of failure to drive right of center.  In order to find the Defendant guilty, the state must prove:

  1. The Defendant was the Driver of  a motor vehicle operated on the road;
  2. The Driver drove the vehicle on a roadway that was wide enough for a vehicle to be driven on the right half of the roadway; and
  3. The Defendant failed to drive the vehicle on the right half of the roadway.

 

TA 21-904 (c1) [Drafted by Paul Notarianni,  2017]

Attempt by Driver to Elude Police.

The Defendant is charged with the crime of attempt by driver to elude police in official police vehicle by failing to stop.  In order to find the Defendant guilty, the state must prove:

  1. The Defendant was the Driver of  a motor vehicle operated on the road;
  2. A police officer gave a visual or audible signal to stop;
  3. The police officer was in a vehicle appropriately marked as an offical police vechicle; and
  4. The Defendant attempted to elude the police officer by willfully failing to stop the vehicle.  

 

TA 21-707 (a) [Drafted by Paul Notarianni,  2017]

Failure to Stop at a Stop Sign

The Defendant is charged with the crime of failure to stop at a stop sign.  In order to find the Defendant guilty, the state must prove:

  1. The Defendant was the Driver of  a motor vehicle operated on the road;
  2. The Driver approached a stop sign at an intersection; and
  3. The Driver failed to stop at the near side of the intersection at a clearly marked stop line.

TA 21-801 (a) [Drafted by Paul Notarianni, 2017]

Driving a Vehicle in Excess of Reasonable and Prudent Speed on Highway

The Defendant is charged with the crime of Driving a Vehicle in Excess of Reasonable and Prudent Speed on Highway.  In order to find the Defendant guilty, the state must prove:

  1. The Defendant was the Driver of  a motor vehicle operated on the road; and
  2. The Driver  drove at a speed that, with regard to the actual and potential dangers existing, is more than that which is reasonable and prudent under the conditions.

 

TA 21-901.1 (a) [Drafted by Paul Notarianni,  2017]

Reckless Driving

The Defendant is charged with the crime of reckless driving.  In order to find the Defendant guilty, the state must prove:

  1. The Defendant was the Driver of  a motor vehicle operated on the road; and
  2. The Driver drove the vehicle in wanton or willful disregard for the safety of persons or property; or
  3. The Driver drove the vehicle in a manner that indicates a wanton or willful disregard for the safety of persons or property.
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