The state accuses the defendant of having committed the offense of evading arrest in a motor vehicle.

Relevant Statutes

A person commits the offense of evading arrest in a motor vehicle if the person intentionally flees from a person that he knows is a peace officer attempting to lawfully detain or arrest him, and the person uses a vehicle while he is in flight.

Definitions

Vehicle

“Vehicle” means a device that can be used to transport or draw persons or property on a highway.

Intentionally Flees

A person intentionally flees when it is his conscious objective or desire to flee.

Knows Is a Peace Officer

A person knows that another is a peace officer if the person is consciously aware that the other is a peace officer.

Knows Another Is Attempting to Arrest or Detain

A person knows another is attempting to arrest or detain the person if the person is consciously aware that the other is attempting to arrest or detain the person.

[Include the following if the state contends an attempted arrest was lawful because there was reason to believe an offense was committed in the officer’s presence or view.]

Lawful Arrest

An arrest by a peace officer is lawful without an arrest warrant if the officer has probable cause to believe the person to be arrested committed an offense in the officer’s presence or view.

“Probable cause” as required for an arrest means facts known to the officer that would lead a reasonable law enforcement officer to conclude there is a reasonable probability that a specific person has engaged in criminal activity.

[Include the following if the state contends an attempted detention was lawful because it was a permissible stop for investigation.]

Lawful Attempted Detention

A brief detention of a person by a peace officer is lawful if the officer has “reasonable suspicion.”

“Reasonable suspicion” means facts known to the officer that would lead a reasonable law enforcement officer to reasonably suspect that a specific person has engaged in criminal activity, is engaging in criminal activity, or is about to engage in such activity.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, six elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], intentionally fled from [name], a peace officer;
2. the defendant fled while [name] was attempting to arrest or detain the defendant;
3. the defendant knew [name] was a peace officer;
4. the defendant knew [name] was attempting to arrest or detain the defendant;
5. the attempted arrest or detention was lawful; and
6. the defendant used a vehicle while in flight.

You must all agree on elements 1 through 6 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through 6 above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the six elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]