Proposed Mississippi Plain Language Model Jury Instructions - Criminal 1207

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

under the influence of an intoxicating liquor, substance, drug, or controlled substance and

negligently injuring or killing another person.

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

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

defendant]’s blood alcohol level was unlawfully at 0.08 percent or more by weight;

OR

3B. 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. While [name of defendant] was [driving/operating] the __________ [specify vehicle], [name

of defendant] was negligent by ____________________ [describe defendant’s alleged actions];

and

5. [Name of victim] was injured or killed as a result of [name of defendant]’s negligence,

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, “negligence” and “negligently” mean doing something that a

reasonably careful person would not do under similar circumstances or failing to do something

that a reasonably careful person would do under similar circumstances. [If the defendant violated

a state or municipal law, then the jury may find that [he/she] was negligent.]

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

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