Proposed Mississippi Plain Language Model Jury Instructions - Criminal 1206

[Name of defendant] is charged in count _____ with driving or operating a commercial

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 commercial vehicle], which is

a commercial vehicle; and

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

[name of defendant]’s blood alcohol [concentration/level] was unlawfully at 0.04 percent or more

by weight;

OR

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

[name of defendant] was unlawfully under the influence of an intoxicating liquor, substance,

drug, or controlled substance,

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, “commercial vehicle” means a motor vehicle used in business to

transport passengers or property if it (1) weighs 26,001 pounds or more; (2) carries 16 or more

passengers, including the driver; or (3) carries hazardous materials.

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

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