The driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or peace officer, when given a visual or audible signal to bring the vehicle to a stop, is guilty of fleeing or attempting to elude a peace officer.

ESSENTIAL ELEMENTS OF THE OFFENSE

The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     1)  On or about [month] [day] [year], in [City] [County], North Dakota;

     2)  The Defendant, _______________, drove a motor vehicle; and

     3)  Willfully failed or refused to bring the vehicle to a stop or otherwise fled or attempted to elude, in any manner, a pursuing police vehicle or peace officer, when given a visual or audible signal to bring the vehicle to a stop.

The signal must be perceptible to the driver and:

     1)  if given from a vehicle, the signal must be given by hand, voice, emergency light, or siren, and the stopping vehicle must be appropriately marked showing it to be an official police vehicle; or

     2)  if not given from a vehicle, the signal must be given by hand, voice, emergency light, or siren, and the officer must be in uniform or must prominently display the officer’s badge of office.

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NDCC 39-10-71
NDCC 39-01-01