New Mexico Forms Library

14-4515. Leaving the scene of an accident involving damage to vehicle; essential elements.¹

For you to find the defendant guilty of leaving the scene of an accident involving only damage to a vehicle [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 damage to a vehicle driven or attended by another person;

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

[or]

[failed to remain at the scene 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]³; and

(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]];³

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

USE NOTES

1.            For use when 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. 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) or (D) of Section 66-7-201 NMSA 1978, use UJI 14-4513 NMRA. If the defendant is charged with the third degree felony of knowingly leaving the scene of an accident involving great bodily harm or death under Subsection (C) of Section 66-7-201, use UJI 14-4514 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 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.]