Proposed Mississippi Plain Language Model Jury Instructions - Criminal 1203

[Name of defendant] is charged in count _____ with a third offense for driving or

operating a vehicle while under the influence of an intoxicating liquor, substance, drug, or

controlled substance.

If you find beyond a reasonable doubt from the evidence in this case that:

1. On or about [date of alleged crime], in ____________ County;

2. [Name of defendant] [drove/operated] a ___________ [specify vehicle]; and

3. When [name of defendant] [drove/operated] the __________ [specify vehicle], [name of

defendant] was unlawfully under the influence of an intoxicating liquor, substance, drug, or

controlled substance; and

4. [Name of defendant] was previously convicted of ____________ [specify violation of § 63-

11-30 or other conviction] in _____________ [list court and details of previous conviction] on

__________ [list date of offense of previous conviction] and of ____________ [specify violation

of § 63-11-30 or other conviction] in _____________ [list court and details of previous

conviction] on __________ [list date of offense of previous conviction]; and

5. [Name of defendant]’s previous offenses for _____________ [specify violations of § 63-11-30

or other conviction] occurred within five (5) years of __________ [list date of alleged crime],

then you shall find [name of defendant] guilty as charged.

If the State did not prove any one of the above listed elements beyond a reasonable doubt,

then you shall find [name of defendant] not guilty of count _____.

Definition(s) in this Instruction -

In this instruction, “driving under the influence” means driving while in a state of

intoxication where a person’s clarity and control are lessened.