LEAVING THE SCENE OF AN ACCIDENT
WITH (PERSONAL INJURY)/DEATH - ELEMENTS
No person may be convicted of leaving the scene of an accident with (personal injury)/death unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, the defendant drove a vehicle;
Second, involved in an accident;
Third, that resulted in injury/death of a person;
Fifth, failed to immediately stop his/her vehicle (at the scene of the accident)/ (as close to the accident as possible) and remain there until:
(A) he/she had given his/her correct name, address, and the registration number of the vehicle he/she was driving and showed his/her operator's/chauffeur's license and security verification form to the (person struck)/(driver or occupant of or person attending the vehicle he collided with); and
(B) he/she rendered reasonable assistance to any person injured in the accident.
Reasonable assistance may include taking or making arrangements to take the injured person to a physician/surgeon/hospital for medical/surgical treatment if (it was apparent that such treatment was necessary)/(such treatment was requested by the injured person).
Statutory Authority: 47 O.S. Supp. 1995, §§ 10-102, 10-102.1, 10-104.
Notes on Use
The trial court should select "injury" in the Third Element for prosecutions under 47 O.S. Supp. 1995, § 10-102 and should select "death" in the Third Element for prosecutions under 47 O.S. Supp. 1995, § 10-102.1.