Eluding a Police Officer

Reporter’s Note

Eluding a Police Officer (CR33-071).  This instruction omits any knowledge element based on the Vermont Supreme Court’s decision in State v. Roy, 151 Vt. 17, 25-27 (1989).  The instruction was modified from the earlier CR33-061 based on legislative changes that took effect in 2003.

Former instruction CR33-081 (attempting to elude a police officer by other means) tried to address subsection 1133(e)(1) added by the legislature in 2003, No. 47, § 1.  This subsection broadens the definition of “operator” with the apparent intent to broaden the prohibited conduct to include leaving the vehicle in an attempt to elude the officer. In 2020, the Committee combined this instruction with CR33-071, which can now be used when eluding is charged under either subsection 1133(a) or 1133(e)(1).

The Committee further revised the above instructions to conform with a legislative amendment that substitutes “Eluding” for “Attempting to Elude” in the section catchline. 2011, No. 42.