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CHAPTER 42

MOTOR VEHICLES AND TRAFFIC

42:01 DRIVING UNDER RESTRAINT

42:02 PROOF OF KNOWLEDGE

42:03 DRIVING AFTER JUDGMENT PROHIBITED

42:04 DRIVING UNDER THE INFLUENCE

42:05 DRIVING WHILE ABILITY IMPAIRED

42:06 DRIVING WITH EXCESSIVE ALCOHOL CONTENT

42:07 RECKLESS DRIVING

42:08 CARELESS DRIVING

42:09 ACTUAL PHYSICAL CONTROL

42:10 INFERENCES WHICH MAY BE DRAWN FROM EVIDENCE OF

BLOOD ALCOHOL LEVEL

42:11 SPEEDING

42:12 SPEED CONTEST

42:13 FACILITATING A SPEED CONTEST

42:14 DRIVING UNDER THE INFLUENCE OF DRUGS

42:15 FAILURE TO GIVE NOTICE, INFORMATION, AND AID

42:16 FAILURE TO GIVE NOTICE, INFORMATION, AND AID

(PROPERTY DAMAGE ONLY)

42:17 FAILURE TO DISCHARGE DUTY UPON STRIKING AN

UNATTENDED VEHICLE OR OTHER PROPERTY

42:18 FAILURE TO DISCHARGE DUTY UPON STRIKING HIGHWAY

FIXTURES OR TRAFFIC CONTROL DEVICES

42:19 DUTY TO REPORT ACCIDENTS

42:20 [ELUDING][ATTEMPTING TO ELUDE] A POLICE OFFICER

42:21 FAILURE TO YIELD TO A DISABLED PERSON

42:22 DRIVING WITHOUT A VALID DRIVERS LICENSE

42:23 DRIVING WITHOUT INSURANCE

42:24 FAILURE TO PROVIDE PROOF OF INSURANCE

42(1-7) DEFINITIONS

This chapter contains instructions for offenses in

§42-2-138; §42-2-206; §42-4-1301; §§42-4-1401 and 1402;

§42-4-1101; §42-4-1105; §§42-4-1601 through -1606; §42-

4-1413; §42-4-808; §42-2-101; and §42-4-1409, C.R.S.

42:01 DRIVING UNDER RESTRAINT

The elements of the driving under restraint are:

1. That the defendant.

2. in the State of Colorado, at or about the date and place

charged,

3. drove a motor vehicle

4. upon any highway of this state

5. at a time when his driving privilege was under restraint

6. with knowledge that his driving privilege was under

restraint

7. [without the affirmative defense in instruction number

_______.]

"Knowledge" means actual knowledge of any restraint from

whatever source, or knowledge of circumstances sufficient to

cause a reasonable person to be aware that such person's license

or privilege to drive was under restraint. "Knowledge" does not

mean knowledge of a particular restraint or knowledge of the

duration of the restraint.

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a reasonable

doubt, you should find the defendant guilty of driving under

restraint.

After considering all the evidence, if you decide the

prosecution has failed to prove any one or more of the elements

beyond a reasonable doubt, you should find the defendant not

guilty of driving under restraint.

NOTES ON USE

The definition of “motor vehicle” and “knowingly” should be

given with this instruction. Additionally, with respect to at

least the felony offense of driving after judgment, actual

knowledge of the revocation as a habitual offender is an

essential element, Griego v. People, 19 P.3d 1 (Colo. 2001).

SOURCE & AUTHORITY

§42-2-138, C.R.S.

COLJI-Crim. No. 37:01 (1993).

CLASSIFICATION OF OFFENSE

Unspecified misdemeanor:

5 days to 6 months incarceration

$50 to $500 fine

42:02 PROOF OF KNOWLEDGE

In any prosecution for driving under [restraint]

[suspension] [revocation] [denial], it may be inferred that the

defendant had knowledge of the fact of such [restraint]

[suspension] [revocation] [denial], from one or more of the

following:

(a) Certification that a notice of the restraint was

mailed by first class mail or by delivery to the last known

address of the defendant as shown by the records of the

Department of Revenue, Division of Motor Vehicles, or

(b) Personal service of such notice upon the defendant, or

You may consider this evidence, together with all the other

evidence in this case, in determining whether or not the

defendant had knowledge of the restraint upon his driving

privilege.

You must bear in mind that you may, but are not required,

to make this finding. The prosecution always has the burden of

proving each element of the offense charged, beyond a reasonable

doubt. The defendant is never required to present any evidence.

NOTES ON USE

This instruction must be given whenever the elemental

instruction on driving under restraint is given and when

knowledge of restraint on driving privilege is in issue.

Whenever this instruction is given, the general instruction

on inferences should follow it.

SOURCE & AUTHORITY

§42-2-138(a), C.R.S.

COLJI-Crim. 37:02 (1983).

Jolly v. People, 742 P.2d 891 (Colo. 1987).

42:03 DRIVING AFTER JUDGMENT PROHIBITED

The elements of the crime of driving after judgment

prohibited are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place

charged,

3. having been found by the Department of Revenue, Division

of Motor Vehicles, to be a habitual traffic offender,

4. with notice and knowledge of revocation of his privilege

to drive,

5. operated a motor vehicle,

6. while the revocation of the Department of Revenue,

Division of Motor Vehicles prohibiting such operation remained

in effect.

7. [without the affirmative defense in instruction number

_______.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a reasonable

doubt, you should find the defendant guilty of driving after

judgment prohibited.

After considering all the evidence, if you decide the

prosecution has failed to prove any one or more of the elements

beyond a reasonable doubt, you should find the defendant not

guilty of driving after judgment prohibited.

NOTES ON USE

For cases in which the defendant is alleged to have

committed aggravated driving while judgment prohibited as set

forth in §42-2-206(1)(b), there must be a determination beyond a

reasonable doubt that he or she committed driving under the

influence, driving while ability impaired, reckless driving,

eluding or attempting to elude a police officer, leaving the

scene of an accident, or vehicular eluding. Additionally, with

respect to the felony offense, actual knowledge of the

revocation as a habitual offender is an essential element,

Griego v. People, 19 P.3d 1 (Colo. 2001); People v. Parga, 964

P.2d 571 (Colo. App. 1998).

The definition of “motor vehicle” and “knowingly” should be

given with this instruction.

SOURCE & AUTHORITY

§42-2-206, C.R.S.

COLJI-Crim. No. 37:03 (1983).

CLASSIFICATION OF OFFENSE

42:04 DRIVING UNDER THE INFLUENCE

The elements of driving under the influence are

a. That the defendant,

b. in the state of Colorado, at or about the date and

place charged,

c. drove a vehicle,

d. while under the influence of [alcohol][drugs][a

combination of drugs and alcohol],

e. [without the affirmative defense in instruction number

______.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a reasonable

doubt, you should find the defendant guilty of driving under the

influence of alcohol.

After considering all the evidence, if you decide the

prosecution has failed to prove any one or more of the elements

beyond a reasonable doubt, you should find the defendant not

guilty of driving under the influence of alcohol.

NOTES ON USE

When this instruction is used, the instruction on

inferences to be drawn from evidence of blood alcohol must also

be given if evidence of chemical analysis is presented. The

instructions defining "under the influence" and “vehicle” must

also be given.

SOURCE & AUTHORITY

§42-4-1301(1)(a), C.R.S.

COLJI-Crim. No. 37:08 (1983).

CLASSIFICATION OF OFFENSE

See § 42-4-1301, C.R.S. for penalties

42:05 DRIVING WHILE ABILITY IMPAIRED

The elements of driving while ability impaired are:

1. That the defendant,

2. in the state of Colorado, at or about the date and place

charged,

3. drove a vehicle,

4. while his ability to operate a vehicle was impaired by

[alcohol][drugs][a combination of drugs and alcohol],

5. [without the affirmative defense in instruction number

______.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a reasonable

doubt, you should find the defendant guilty of driving while

ability impaired.

After considering all the evidence, if you decide the

prosecution has failed to prove any one or more of the elements

beyond a reasonable doubt, you should find the defendant not

guilty of driving while ability impaired.

NOTES ON USE

When this instruction is used, the instruction on

inferences to be drawn from evidence of blood alcohol must also

be given if evidence of chemical analysis is presented. The

instructions defining "while ability impaired" and “vehicle”

must also be given.

SOURCE & AUTHORITY

§42-4-1301(1)(b), C.R.S.

COLJI-Crim. No. 37:07 (1983).

CLASSIFICATION OF OFFENSE

See §42-4-1301, C.R.S. for penalties

42:06 DRIVING WITH EXCESSIVE ALCOHOL CONTENT

The elements of driving with excessive alcohol content are:

1. That the defendant,

2. in the state of Colorado, at or about the date and place

charged,

3. drove a vehicle,

4. when the amount of alcohol in his blood was [0.08 or

more grams of alcohol per hundred milliliters of blood] [0.08 or

more grams of alcohol per two hundred ten liters of breath], as

shown by chemical analysis of such person's blood or breath

within two hours after driving.

5. [without the affirmative defense in instruction number

_______.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a reasonable

doubt, you should find the defendant guilty of driving with

excessive alcohol content.

After considering all the evidence, if you decide the

prosecution has failed to prove any one or more of the elements

beyond a reasonable doubt, you should find the defendant not

guilty of driving with excessive alcohol content.

SOURCE & AUTHORITY

§42-4-1301(5)(c), C.R.S.

COLJI-Crim. No. 37:08.1 (1993).

42:07 RECKLESS DRIVING

The elements of reckless driving are:

1. That the defendant,

2. in the state of Colorado, at or about the date and place

charged,

3. drove a [motor vehicle] [bicycle] [motorized bicycle],

4. in such a manner as to indicate either a wanton or a

willful disregard for the safety of persons or property,

5. [without the affirmative defense in instruction

number _______.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

reckless driving.

After considering all the evidence, if you decide the

prosecution has failed to prove any one or more of the

elements beyond a reasonable doubt, you should find the

defendant not guilty of reckless driving.

NOTES ON USE

The willful and wanton disregard for the safety of

others or property is the same as the “reckless” mens rea.

People v. Pena, 962 P.2d 285 (Colo. App. 1997).

SOURCE & AUTHORITY

§42-4-1401, C.R.S.

COLJI-Crim. No. 27:11 (1983).

CLASSIFICATION OF OFFENSE

M2 – traffic offense

42:08 CARELESS DRIVING

The elements of careless driving are:

1. That the defendant,

2. in the state of Colorado, at or about the date and

place charged,

3. drove a [motor vehicle] [bicycle] [motorized

bicycle],

4. in a careless and imprudent manner, without due

regard for the width, grade, curves, corners, traffic, and

use of the streets and highways and all other attendant

circumstances.

5. [without the affirmative defense in instruction

number _______.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

careless driving.

After considering all the evidence, if you decide the

prosecution has failed to prove any one or more of the

elements beyond a reasonable doubt, you should find the

defendant not guilty of careless driving.

NOTES ON USE

Careless driving is not a crime of strict liability,

but contains the mental element of due regard. See People

v. Chapman, 557 P.2d 1211 (Colo. 1977).

SOURCE & AUTHORITY

§42-4-1402, C.R.S.

COLJI-Crim. No. 37:12 (1983).

CLASSIFICATION OF OFFENSE

M2 – traffic offense

42:09 ACTUAL PHYSICAL CONTROL

NOTES ON USE

Because of the number of potential fact situations,

this issue does not easily submit itself to a single

instruction or set of instructions. The following cases

are pertinent:

People v. Stewart, 55 P.3d 107 (Colo. 2002)

People v. Gregor, 26 P.3d 530, 532 (Colo. App. 2000)

People v. Swain, 959 P.2d 426 (Colo. 1998)

Caple v. Dept. of Revenue, 804 P.2d 874 (Colo. App.

1990)

Motor Vehicle Division v. Warman, 763 P.2d 558 (Colo.

1988)

Colorado Div. Of Revenue v. Lounsbury, 743 P.2d. 23

(Colo. 1987)

Smith v. Charnes, 728 P.2d 1287 (Colo. 1986)

Brewer v. M.V.D., 720 P.2d 564 (Colo. 1986)

42:10 INFERENCES WHICH MAY BE DRAWN FROM EVIDENCE

BLOOD ALCOHOL LEVEL

In any prosecution in which the defendant is charged

with driving under the influence of alcohol or driving

while ability impaired by alcohol, the amount of alcohol in

the defendant's blood at the time of the commission of the

alleged offense, or with a reasonable time thereafter, as

shown by chemical analysis of the defendant's blood or

breath, gives rise to the following inferences:

(a) If there was at such time 0.05 or less grams of

alcohol per [one hundred milliliters of blood as shown by

chemical analysis of such person's blood] [two hundred ten

liters of breath as shown by chemical analysis of such

person's breath], it shall be presumed that the defendant

was not under the influence of alcohol and that his ability

to operate a vehicle was not impaired by the consumption of

alcohol.

(b) If there was at such time in excess of 0.05 but

less than 0.08 grams of alcohol per [one hundred

milliliters of blood as shown by chemical analysis of such

person's blood] [two hundred ten liters of breath as shown

by chemical analysis of such person's breath], it may be

inferred that the defendant's ability to operate a vehicle

was impaired by the consumption of alcohol.

alcohol per [one hundred milliliters of blood as shown by

chemical analysis of such person's blood] [two hundred ten

liters of breath as shown by chemical analysis of such

person's breath], it may be inferred that the defendant was

under the influence of alcohol.

You must bear in mind that the prosecution always has

the burden of proving each element of the offense beyond a

reasonable doubt, and that an inference does not shift that

burden to the defendant. [The defendant is not required to

testify or present evidence.]

NOTES ON USE

Depending on the evidence presented, there may be a

situation in which (b), (c) or both should be eliminated

from this instruction.

This instruction should be used when it is alleged

that the defendant was under the influence of or his

ability was impaired by alcohol, and evidence of results of

a chemical test of the defendant's blood or breath has been

introduced.

The general instruction on inferences should be given

with this instruction.

SOURCE & AUTHORITY

§42-4-1301, C.R.S.

Barnes v. People, 735 P.2d 869 (Colo. 1987)

People v. Bowers, 716 P.2d 471, (Colo. 1986)

Garcia v. District Court, 589 P.2d 924 (Colo. 1979)

People v Hedrick, 557 P.2d 378 (Colo. 1976)

COLJI-Crim. No. 37:09 (1983)

42:11 SPEEDING

The elements of the crime of driving in excess of the

speed limit are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. was driving a vehicle,

4. on a highway,

5. at a speed of _________ miles per hour, and

6. [that speed was greater than was reasonable and

prudent under the conditions then existing] [and the

maximum lawful speed was ________ miles per hour].

7. [without the affirmative defense in instruction

number _________.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

driving in excess of the speed limit.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of driving in excess of the speed limit.

NOTES ON USE

Delete inapplicable bracketed material.

Speeding is a crime of strict liability and

instruction on strict liability should be used for the

culpable mental state. People v. Caddy, 189 Colo. 353, 540

P.2d 1089 (1975).

SOURCE & AUTHORITY

§42-4-1101, C.R.S.

COLJI-Crim. No. 37:04

CLASSIFICATION OF OFFENSE

See §42-4-1101(12), C.R.S. for applicable penalties.

42:12 SPEED CONTEST

The elements of the crime of engaging in a motor

vehicle speed contest are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. intentionally,

4. [engaged in a motor vehicle [speed or acceleration

contest] [exhibition of speed or acceleration],]

-or-

[aided or abetted a motor vehicle [speed or

acceleration contest] [exhibition of speed or

acceleration],]

5. on a highway.

6. [without the affirmative defense in instruction

number .]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

engaging in a motor vehicle speed contest.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of engaging in a motor vehicle speed contest.

NOTES ON USE

Delete inapplicable bracketed material.

The word “intentionally” is used in element number 3

because of its use in People v. Heckard, 164 Colo. 19, 431

P.2d 1014 (1967).

SOURCE & AUTHORITY

§42-4-1005, C.R.S.

COLJI-Crim. No. 37:05 (1983).

People v. Heckard, 164 Colo. 19, 431 P.2d 1014 (1967).

CLASSIFICATION OF OFFENSE

Class 2 traffic offense.

42:13 FACILITATING A SPEED CONTEST

The elements of the crime of facilitating a motor

vehicle speed contest are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. [obstructed a highway] [placed, assisted or

participated in placing a barricade or obstruction upon a

highway],

4. for the purpose of facilitating or aiding, or as

incident to, a motor vehicle speed or acceleration contest

upon a highway.

5. [without the affirmative defense in instruction

number

_______________.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

facilitating a motor vehicle speed contest.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of facilitating a speed contest.

NOTES ON USE

Delete inapplicable bracketed material.

SOURCE & AUTHORITY

§ 42-4-1105, C.R.S.

COLJI-Crim. No. 37:06 (1983).

People v. Heckard, 164 Colo. 19, 431 P.2d 1014 (1967).

CLASSIFICATION OF OFFENSE

Class 2 misdemeanor traffic offense.

42:14 DRIVING UNDER THE INFLUENCE OF DRUGS

The elements of the crime of driving under the

influence of drugs are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. drove a vehicle,

4. knowingly [being a habitual user of any controlled

substance] [while under the influence of any controlled

substance] [while under the influence of any drug to a

degree which renders one incapable of safely operating a

vehicle].

5. [without the affirmative defense in instruction

number___________.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

driving under the influence of drugs.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of driving under the influence of drugs.

NOTES ON USE

Delete inapplicable bracketed material.

The applicable definitions of “drug”, “under the

influence”, “driving vehicle ability impaired”, “knowingly”

and “motor vehicle” should be given.

Lawful use of a drug is no defense, §42-4-1301 (1)(e)

SOURCE & AUTHORITY

§42-4-1301, C.R.S.

COLJI-Crim. No. 37:10 (1993).

CLASSIFICATION OF OFFENSE

See § 42-4-1301, C.R.S. for penalties.

42:15 FAILURE TO GIVE NOTICE, INFORMATION, AND AID

The elements of the crime of failure to give notice,

information, and aid are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. being the driver of a vehicle,

4. knowingly and directly involved in an accident

resulting in [injury to] [serious bodily injury to] [the

death of] any person,

5. failed to immediately stop his vehicle at the scene

of the accident or as close thereto as possible, and to

forthwith return to the scene, and

6. give his name, address, and the registration number

of the vehicle he was driving and exhibit his driver’s

license upon request to the person struck, the driver of,

an occupant of, or the person attending any vehicle

collided with, and

7. render reasonable assistance, where practicable, to

a person injured in such accident including carrying or

arranging for the carrying of a person injured in such

accident to a physician, surgeon or hospital for medical or

surgical treatment if it was apparent that such treatment

was necessary or if the carrying was requested by the

injured person.

8. [without the affirmative defense in instruction

number_______________.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

failure to give notice, information and aid.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of failure to give notice, information and aid.

NOTES ON USE

Delete inapplicable bracketed material.

When this instruction is used, the applicable

definitions of “knowingly,” “injury,” “serious bodily

injury” and “reasonable assistance” must be given.

In the event that none of the persons specified are in

a condition to receive the information required in element

6, the jury must be instructed § 42-4-1601(2), C.R.S.

People v. Manzo, 144 P.3d 551 (Colo. 2006)(offense is

strict liability, thus defendant need not know he was in an

accident nor does he have to know the extent of injuries or

damages).

SOURCE & AUTHORITY

§§42-4-1601 and 42-4-1603, C.R.S.

COLJI-Crim. No. 37:13 (1983).

CLASSIFICATION OF OFFENSE

Class 1 traffic offense (Injury)

M5 (Serious bodily injury)

F4 (Death)

42:16 FAILURE TO GIVE NOTICE, INFORMATION, AND AID

(PROPERTY DAMAGE ONLY)

The elements of the crime of failure to give notice,

information and aid are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. being the driver of a vehicle,

4. knowingly and directly involved in an accident

resulting in damage to a vehicle driven or attended by any

person,

5. failed to immediately stop his vehicle at the scene

of the accident or as close thereto as possible, and to

forthwith return to the scene, and

6. give his name, address, and the registration number

of the vehicle he was driving and exhibit his driver’s

license upon request to the driver of, an occupant of, or

the person attending any vehicle collided with.

7. [without the affirmative defense in instruction

number__________.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

failure to give notice, information and aid.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of failure to give notice, information and aid.

NOTES ON USE

Delete inapplicable bracketed material.

The definitions of “knowingly” and “vehicle” should be

given with this instruction.

People v. Manzo, 144 P.3d 551 (Colo. 2006)(offense is

strict liability, thus defendant need not know he was in an

accident nor does he have to know the extent of injuries or

damages).

SOURCE & AUTHORITY

§§42-4-1602 and 42-4-1603, C.R.S.

COLJI-Crim. No. 37:14 (1983).

CLASSIFICATION OF OFFENSE

Class 2 misdemeanor traffic offense.

42:17 FAILURE TO DISCHARGE DUTY UPON STRIKING AN

UNATTENDED VEHICLE OR OTHER PROPERTY

The elements of the crime of failure to discharge duty

upon striking an unattended vehicle or other property are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. being the driver of a vehicle,

4. knowingly collided with or was involved in an

accident with any [vehicle] [property] which was

unattended, resulting in any damage to such [vehicle]

[property], and

5. failed to immediately stop and [locate and notify

the operator or owner of the unattended [vehicle]

[property] of the collision or accident and leave the

defendant’s name and address, and the registration number

of the vehicle he was driving] [leave securely attached in

a conspicuous place in or on the unattended [vehicle]

[property] involved in the collision or accident a written

notice giving the defendant’s name and address, and the

registration number of the vehicle he was driving].

6. [without the affirmative defense in instruction

number-___________.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

failure to discharge duty upon striking an unattended

vehicle or other property.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of failure to discharge duty upon striking an

unattended vehicle or other property.

NOTES ON USE

Delete inapplicable bracketed material.

People v. Manzo, 144 P.3d 551 (Colo. 2006)(offense is

strict liability, thus defendant need not know he was in an

accident nor does he have to know the extent of injuries or

damages).

SOURCE & AUTHORITY

§42-4-1604, C.R.S.

COLJI-Crim. No. 37:15 (1983).

CLASSIFICATION OF OFFENSE

Class 2 misdemeanor traffic offense.

42:18 FAILURE TO DISCHARGE DUTY UPON STRIKING

HIGHWAY FIXTURES OR TRAFFIC CONTROL DEVICES

The elements of the crime of failing to discharge duty

upon striking highway fixtures or traffic control devices

are:

1. That the defendant ,

2. in the State of Colorado, at or about the date and

place charged,

3. being the driver of a vehicle,

4. knowingly involved in an accident resulting in

damage to fixtures or traffic control devices [upon]

[adjacent to] a highway, and

5. failed to notify the road authority in charge of

such property of the accident and of his name and address,

and of the registration number of the vehicle he was

driving.

6. [without the affirmative defense in instruction

number _________.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

failing to discharge duty upon striking highway fixtures or

traffic control devices.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of failing to discharge duty upon striking highway

fixtures or traffic control devices.

NOTES ON USE

Delete inapplicable bracketed material.

The definitions of “knowingly” and “vehicle” should be

given with this instruction.

People v. Manzo, 144 P.3d 551 (Colo. 2006)(offense is

strict liability, thus defendant need not know he was in an

accident nor does he have to know the extent of injuries or

damages).

SOURCE & AUTHORITY

§42-4-1605, C.R.S.

COLJI-Crim. No. 37:16 (1983).

CLASSIFICATION OF OFFENSE

Class 2 misdemeanor traffic offense.

42:19 DUTY TO REPORT ACCIDENTS

The elements of the crime of failure to report an

accident are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. being the driver of a vehicle,

4. knowingly involved in an accident resulting in

[injury to] [serious bodily injury to] [the death of any

person] [any property damage],

5. failed to [give immediate notice of the location of

the accident and of his name, address, and the registration

number of the vehicle he was driving to the nearest office

of the duly constituted police authority] [forthwith and

without delay return to the scene of the accident, if so

directed by the police authority, and remain there until

said police have arrived at the scene and completed their

investigation thereof].

6. [without the affirmative defense in instruction

number ________.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

failure to report an accident.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of failure to report an accident.

NOTES ON USE

Delete inapplicable bracketed material.

When this instruction is used, the applicable

definitions of “knowingly”, “injury” and “serious bodily

injury” must be given.

People v. Manzo, 144 P.3d 551 (Colo. 2006)(offense is

strict liability, thus defendant need not know he was in an

accident nor does he have to know the extent of injuries or

damages).

SOURCE & AUTHORITY

§2-4-1606, C.R.S.

COLJI-Crim. No. (1983).

CLASSIFICATION OF OFFENSE

Class 2 misdemeanor traffic offense.

42:20 [ELUDING] [ATTEMPTING TO ELUDE] A POLICE

OFFICER

The elements of the crime of [eluding] [attempting to

elude] a police officer are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. was the operator of a motor vehicle, and

4. received a visual or audible signal,

5. from a police officer driving a marked vehicle

showing the vehicle to be an official [police] [sheriff]

[Colorado State Patrol] car,

6. which signal directed the defendant to bring his

vehicle to a stop, and

7. the defendant then willfully [increased his speed

or extinguished his lights in an attempt to elude the

police officer] [attempted in any manner to elude the

police officer] [eluded the police officer].

8. [without the affirmative defense in

instruction number ______.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

[eluding] [attempting to elude] a police officer.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of [eluding] [attempting to elude] a police officer.

NOTES ON USE

Delete inapplicable bracketed material.

The definition of “motor vehicle” should be given with

this instruction.

The “probable cause” issue in this statute is a

question for the court on a motion for judgment of

acquittal. It is not a jury question.

SOURCE & AUTHORITY

§42-4-1413, C.R.S.

COLJI-Crim. No. 37:18 (1983).

CLASSIFICATION OF OFFENSE

Class 2 misdemeanor traffic offense.

42:21 FAILURE TO YIELD TO A DISABLED PERSON

The elements of the crime of failure to yield to a

disabled person are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. was a [pedestrian] [driver of a vehicle] and,

4. approached a person who had an obvious apparent

disability of [blindness] [deafness] [mobility impairment],

and

5. failed to come immediately to a full stop and take

such precautions as were necessary to avoid an accident or

injury to said person.

6. [without the affirmative defense in instruction

number ______.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

failure to yield to a disabled person.

After considering all the evidence, if you decide the

prosecution has failed to prove each of the elements beyond

a reasonable doubt, you should find the defendant not

guilty of failure to yield to a disabled person.

NOTES ON USE

Delete inapplicable bracketed material. When this

instruction is used, the applicable definition of “obvious

apparent disability” must be given. An “obvious apparent

disability” is present, by way of example, when the person

is using a cane or crutches, is being assisted by an

assistance dog, is being assisted by another person, is in

a wheelchair or is walking with an obvious physical

impairment.

SOURCE & AUTHORITY

§42-4-808, C.R.S.

COLJI-Crim. No. 37:19 (1983).

CLASSIFICATION OF OFFENSE

Class A traffic offense (no points to pedestrian

defendants)

42:22 DRIVING WITHOUT A VALID DRIVERS LICENSE

The elements of the crime of driving without a valid

drivers license are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. drove a motor vehicle upon a highway,

4. [without a valid license prepared and issued by the

Department of Motor Vehicles of Colorado]

-or-

[with a Colorado driver's license that has been

expired for one year or less].

5. [without the affirmative defense in instruction

number

________.]

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

driving without a valid drivers license.

After considering all the evidence, if you decide the

prosecution has failed to prove any one or more of the

elements beyond a reasonable doubt, you should find the

defendant not guilty of driving without a valid drivers

license.

NOTES ON USE

Delete inapplicable bracketed material.

See §42-2-102, C.R.S. for list of persons exempt from

needing a Colorado driver's license.

See §42-2-101(1)(b), (2), (3) and (3.5), C.R.S. for

related crimes and punishments concerning driver's

licenses.

SOURCE & AUTHORITY

§42-2-101, C.R.S.

COLJI-Crim. No. 37:21 (1993).

CLASSIFICATION OF OFFENSE

M2 traffic offense

42:23 DRIVING WITHOUT INSURANCE

The elements of driving without insurance are:

1. That the defendant,

2. in the State of Colorado,

3. at or about the date and place charged,

4. [owned and permitted to be driven a motor vehicle]

[drove a motor vehicle]

5. on a public highway of this state

6. at a time when there was not in effect a complying

policy or certificate of self insurance in full force and

effect.

Evidence of the failure of any [owner] [operator] of a

motor vehicle to present immediate evidence of a complying

policy or certificate of self insurance in full force and

effect when requested to do so by a peace officer, may give

rise to the inference that such [owner] [operator] did not

have a complying policy or certificate of self insurance in

full force and effect.

You may consider this evidence, together with all the

other evidence in this case, in determining whether or not

the defendant had a complying policy or certificate of self

insurance in full force and effect.

You must bear in mind that you may, but are not

required to accept this inference, that the prosecution

always has the burden of proving each essential element of

the offense charged beyond a reasonable doubt, that this

inference does not shift that burden to the defendant, and

that the defendant is not required to testify or present

any evidence.

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

driving without insurance.

After considering all the evidence, if you decide the

prosecution has failed to prove any one or more of the

elements beyond a reasonable doubt, you should find the

defendant not guilty of driving without insurance.

NOTES ON USE

Compulsory and required insurance are contained in

§10-4-619 or §10-4-624, C.R.S.

This instruction only addresses case in which

Defendant is a driver. It is also a violation of §42-4-

1409, C.R.S. for the owner of a vehicle to drive it or

permit it to be driven without insurance or a certificate

of self insurance.

People v. Martinez, 179 P.3d 23 (Colo. App.2007)

(distinction between driving without insurance and no proof

of insurance)

Under certain circumstances, an element of the offense

is that the vehicle be required to be registered in this

State.

SOURCE & AUTHORITY

§42-4-1409, C.R.S.

COLJI-Crim. No. 37:21.1 (1993).

CLASSIFICATION OF OFFENSE

Class 1 Misdemeanor

42:24 FAILURE TO PROVIDE PROOF OF INSURANCE

The elements of failure to provide proof of insurance

are:

1. That the defendant,

2. in the State of Colorado,

3. at or about the date and place charged,

4. failed to provide immediate evidence of a complying

policy or certificate of self-insurance in full force and

effect.

After considering all the evidence, if you decide the

prosecution has proven each of the elements beyond a

reasonable doubt, you should find the defendant guilty of

failing to provide proof of insurance.

After considering all the evidence, if you decide the

prosecution has failed to prove any one or more of the

elements beyond a reasonable doubt, you should find the

defendant not guilty of failing to provide proof of

insurance.

NOTES ON USE

Refer to statute for prima facie effect of failure to

provide proof of insurance. §42-4-1409, C.R.S.

SOURCE & AUTHORITY

§42-4-1409, C.R.S.

COLJI-Crim. No. 37:21.2 (1993).

CLASSIFICATION OF OFFENSE

Class 1 misdemeanor traffic offense

DEFINITIONS

42(1)BICYCLE

“BICYCLE” means every vehicle propelled solely by

human power applied to pedals upon which any person may

ride having two tandem wheels or two parallel wheels and

one forward wheel, all of which are more than fourteen

inches in diameter.

NOTES ON USE

Source §42-1-102, C.R.S.

42(2)DRIVING UNDER THE INFLUENCE

“DRIVING UNDER THE INFLUENCE” means driving a vehicle

when a person has consumed alcohol or one or more drugs, or

a combination of alcohol and one or more drugs, which

alcohol alone, or one or more drugs alone, or alcohol

combined with one or more drugs affects the person to a

degree that the person is substantially incapable, either

mentally or physically, or both mentally and physically, to

exercise clear judgment, sufficient physical control, or

due care in the safe operation of a vehicle.

NOTES ON USE

Use with reference to §42-4-1301, C.R.S.

42(3)DRIVING WHILE ABILITY IMPAIRED

“DRIVING WHILE ABILITY IMPAIRED” means driving a

vehicle when a person has consumed alcohol or one or more

drugs, or a combination of both alcohol and one or more

drugs, which alcohol alone, or one or more drugs alone, or

alcohol combined with one or more drugs, affects the person

to the slightest degree so that the person is less able

than the person ordinarily would have been, either mentally

or physically, or both mentally and physically, to exercise

clear judgment, sufficient physical control, or due care in

the safe operation of a vehicle.

NOTES ON USE

Use with reference to §42-4-1301, C.R.S.

42(4)MOTOR VEHICLE

“MOTOR VEHICLE” means any self-propelled vehicle which

is designed primarily for travel on the public highways and

which is generally and commonly used to transport persons

and property over the public highways, but the term does

not include motorized bicycles as defined in paragraph (b)

of subsection (59) of this section, wheelchairs as defined

by subsection (113) of this section, or vehicles moved

solely by human power. “Motor vehicle” includes a

neighborhood electric vehicle operated pursuant to section

42-4-111(1)(aa). For the purposes of the offenses

described in sections 42-2-128, 42-4-1301, and 42-4-1401

for farm tractors and off-highway vehicles, as defined in

section 33-14.5-101(3), C.R.S., operated on streets and

highways, “motor vehicle” includes a farm tractor or an

off-highway vehicle which is not otherwise classified as a

motor vehicle.

NOTES ON USE

Source §42-1-102, C.R.S.

42(5)OWNER

“OWNER” means a person who holds the legal title of a

vehicle; or, if a vehicle is the subject of an agreement

for the conditional sale or lease thereof with the right of

purchase upon performance of the conditions stated in the

agreement and with an immediate right of possession vested

in the conditional vendee or lessee or if a mortgagor of a

vehicle is entitled to possession, then such conditional

vendee or lessee or mortgagor shall be deemed the owner for

the purpose of articles 1 to 4 of this title. The term

also includes parties otherwise having lawful use or

control or the right to use or control a vehicle for a

period of thirty days or more.

NOTES ON USE

Source § 42-1-102, C.R.S.

42(6)REASONABLE ASSISTANCE

“REASONABLE ASSISTANCE” means that the driver of any

vehicle involved in an accident resulting in injury to or

serious bodily injury to a person, shall render to such

person injured in such accident “reasonable assistance,”

including the carrying or the making of arrangements for

the carrying, of such person to a physician, surgeon, or

hospital for medical or surgical treatment if it is

apparent that such treatment is necessary or if the

carrying is requested by the injured person.

NOTES ON USE

Use with reference to §42-4-1603(1), C.R.S.

42(7)VEHICLE

“VEHICLE” means any device which is capable of moving

itself, or of being moved, from place to place upon wheels

or endless tracks. “Vehicle” includes any bicycle, but such

term does not include any wheelchair as defined by

subsection (113) of this section, or any off-highway

vehicle, snowmobile, any farm tractor, or any implement of

husbandry designed primarily or exclusively for use and

used in agricultural operations or any device moved by

muscular power or moved exclusively over stationary rails

or tracks or designed to move primarily through the air.

[§42-1-102(111), C.R.S.]