Attempting to Elude

Reporter’s Note

Attempting to Elude a Police Officer.  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 has been modified from the earlier CR33-061, based on legislative changes that took effect in 2003.

 Attempting to Elude by Other Means.  Instruction CR33-081 attempts to give effect to the new subsection of the statute at 23 V.S.A. § 1133(e)(1).  Although this subsection seems to broaden the definition of “operator,” the apparent intent is to broaden the prohibited acts to include leaving the vehicle and running away in an attempt to elude the officer.