New Mexico Forms Library

14-4514. Knowingly leaving the scene of an accident involving great bodily harm or death; essential elements.¹

For you to find the defendant guilty of leaving the scene of an accident involving death or personal injury [as charged in Count ____]², the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1.         The defendant drove a vehicle involved in an accident;

2.         The defendant knew that there was an accident;

3.         The accident resulted in [great bodily harm] [or] [death]³ to _________;

4.         [The defendant knew that the accident involved injury;]⁴

5.         The defendant [failed to immediately stop at the scene of an accident or stop as close to the scene as possible without obstructing traffic more than necessary]

[or]

[failed to remain at the scene of an accident until defendant had:

(a)       given defendant’s name, address, and registration number to [the person struck] [the driver or occupant of the vehicle collided with] [or] [the person attending any vehicle collided with]⁵;

(b)       displayed, upon request, defendant’s license to [the person struck] [the driver or occupant of the vehicle collided with] [or] [the person attending any vehicle collided with]⁵; and

(c)        rendered reasonable assistance to any person injured in the accident, including by taking or making arrangements to take the injured person to a physician or hospital for medical treatment if it was apparent that such treatment was necessary or such treatment was requested by the injured person]⁵;

6.         This happened in New Mexico on or about the _____ day of _______, ________.

USE NOTES

1.            For use when the defendant is charged with the third-degree felony of knowingly leaving the scene of an accident involving great bodily harm or death under Section 66-7-201(C) NMSA 1978. If the defendant is charged with the misdemeanor or fourth-degree felony of leaving the scene of an accident involving personal injury or death under Subsections (B) and (D) of Section 66-7-201, use UJI 14-4513 NMRA. If the defendant is charged with leaving the scene of an accident involving only damage to another vehicle driven or attended by someone else under Section 66-7-202 NMSA 1978, use UJI 14-4515 NMRA. If the defendant is charged with failing to give information or render aid following an accident involving personal injury or death or damage to a vehicle driven or attended by another person under Section 66-7-203 NMSA 1978, use UJI 14-4516 NMRA.

2.            Insert the count number if more than one count is charged.

3.         Use only the applicable bracketed alternative established by the evidence. If great bodily harm is instructed, the definition of great bodily harm contained in UJI 14-131 NMRA should be given.

4.         The status of this element is unclear under New Mexico law. See Committee commentary.

5.         Use only the applicable bracketed alternative or alternatives established by the evidence.

[Adopted by Supreme Court Order No. S-1-RCR-2023-00029, effective for all cases pending or filed on or after December 31, 2023.]