OUJI-CR 6-25

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;

Fourth, willfully/maliciously;

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).

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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.