Approved 6/14/04
ASSAULT BY AUTO OR VESSEL
(BODILY INJURY, WITHOUT DRUNK DRIVING OR REFUSAL)
(N.J.S.A. 2C:12-1c)
The defendant (Name) is charged in count
_____ with the crime of assault by auto [or
vessel]. The indictment alleges:
(READ APPROPRIATE COUNT OF INDICTMENT)
The statute upon which this charge is
based provides:
A person is guilty of assault by auto [or vessel]
when the person drives a vehicle [or vessel]
recklessly and causes...bodily injury to another.
In
order for you to find the defendant guilty of this
crime, the State must prove the following elements
beyond a reasonable doubt:
1. That defendant was driving a vehicle [or
vessel];
2. That defendant caused bodily injury to
(name victim); and
3. That defendant caused such bodily injury
by driving the vehicle [or vessel] recklessly.
Bodily injury is defined as physical
pain, illness or any impairment of physical
condition.
In order to find that defendant caused
(victim's) injury, you must find that (victim) would
not have been injured but for defendant's conduct.
A person acts recklessly when (he/she)
consciously disregards a substantial and
unjustifiable risk that bodily injury will result
from (his/her) conduct. The risk must be of such a
nature and degree that, considering the nature and
purpose of the defendant's conduct and the
circumstances known to (him/her), disregard of the
risk involves a gross deviation from the standard of
conduct that a reasonable person would observe in
the defendant's situation.
In other words, in order for you to find
the defendant drove a vehicle [or vessel]
recklessly, the State must prove beyond a reasonable
doubt that the defendant was aware that (he/she) was
operating a vehicle [or vessel] in such a manner or
under such circumstances as to create a substantial
and unjustifiable risk of bodily injury to another.
The State must also prove beyond a reasonable doubt
that the defendant consciously disregarded this risk
and that the disregard of the risk was a gross
deviation from the way a reasonable person would
have conducted (himself/herself) in the situation.
Recklessness is a condition of the mind that cannot
be seen and that can often be determined only from
inferences from conduct, words, or acts. It is not
necessary for the State to produce a witness to
testify that the defendant stated that (he/she)
acted with a particular state of mind. It is within
your power to find that proof of recklessness has
been furnished beyond a reasonable doubt by
inferences that may arise from the nature of the
acts and circumstances surrounding the conduct in
question.
[WHERE A VIOLATION OF THE MOTOR VEHICLE STATUTES
IS ALLEGED, ADD THE FOLLOWING]
The State alleges that the defendant's conduct
involved [a] violation[s] of the motor vehicle laws
of this State. Specifically, it is alleged that the
defendant [list motor vehicle violations alleged and
their elements]. Whether (he/she) is guilty or not
of that [those] offense[s] will be determined by an
appropriate court.
In other words, it is not your job to decide whether
(he/she) is guilty or not guilty of the motor
vehicle offense[s]. However, you may consider the
evidence that (he/she) committed [a] motor vehicle
offense[s] in deciding whether (he/she) was
reckless.
[CHARGE IN ALL CASES]
In conclusion, the three elements of the crime of
assault by auto [or vessel] are:
1. That the defendant was driving a vehicle
[or vessel];
2. That the defendant caused bodily injury
to (name victim); and
3. That the defendant caused such bodily
injury by driving the vehicle [or vessel]
recklessly.
If you are satisfied that the State has proven each
and every one of these elements beyond a reasonable
doubt, then you must find the defendant guilty of
assault by auto [or vessel]. However, if the State
has failed to prove any element beyond a reasonable
doubt, then you must find the defendant not guilty
of assault by auto [or vessel].
