(N.J.S.A. 2C:11-5.1)
The indictment charges the defendant with the offense of leaving the scene of an accident resulting in the death of another as follows:
(Read pertinent count of indictment)
The defendant is accused of violating a section of our state statutes that reads as follows:
A motor vehicle operator who knows that he is involved in an accident and knowingly leaves the scene of that accident . . . shall be guilty of a crime. . . if the accident results in the death of another person.
In order for you to find the defendant guilty of this offense, you must find that the State has proved beyond a reasonable doubt each of the following elements:
1. that the defendant was operating a motor vehicle and was involved in an accident while operating that motor vehicle;
2. that the defendant knew that (he/she) was involved in an accident;
3. that the defendant knowingly and unlawfully left the scene of that accident; and
4. that the accident resulted in the death of another person.
The first element that the State must prove beyond a reasonable doubt is that the defendant was operating a motor vehicle and was involved in an accident while operating that motor vehicle. A motor vehicle is any vehicle propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks and motorized bicycles.1
The second element that the State must prove beyond a reasonable doubt is that the defendant knew that (he/she) was involved in an accident.
A person knows that (he/she) was involved in an accident if (he/she) is aware that (he/she) was involved in an accident or is aware of a high probability that (he/she) was involved in an accident.
The third element that the State must prove beyond a reasonable doubt is that the
1 N.J.S.A. 39:1-1.
LEAVING THE SCENE OF AN ACCIDENT
RESULTING IN DEATH
N.J.S.A. 2C:11-5.1
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defendant knowingly and unlawfully left the scene of the accident.
A motorist knowingly leaves the scene of an accident if (he/she) is aware that (he/she) is leaving the scene of an accident or is aware of a high probability that (he/she) is leaving the scene of an accident.
To determine whether the State has proved beyond a reasonable doubt that the defendant unlawfully left the scene of an accident, you must understand the obligations that New Jersey law places on a motorist who is involved in an accident.
A motorist who know that (he/she) has been involved in an accident must:
(1) immediately stop (his/her) vehicle at the scene of the accident; or
(2) immediately stop (his/her) vehicle as close to the scene of the accident as possible and forthwith return to the scene of the accident.2
A motorist who fails to stop under these circumstances unlawfully leaves the scene of an accident. However, the State need not prove that the defendant knew of (his/her) legal obligation to stop at or near the scene of the accident.
The fourth element that the State must prove beyond a reasonable doubt is that the accident resulted in the death of another person.3 The State need not prove that defendant knew that the accident had resulted in death or would result in death.
If you find that the State has proved each element of the offense beyond a reasonable doubt, then you must find the defendant guilty.
If you find that the State has failed to prove any element of the offense beyond a reasonable doubt, then you must find the defendant not guilty.
2 If the sufficiency of the defendant’s stay at the scene of the accident becomes an issue, please refer to N.J.S.A. 39:4-129(c), which specifies how long a motorist must remain at the scene of an accident.
3 When appropriate, the jury should be instructed on causation. N.J.S.A. 2C:2-3.
