WI · jury_instructions

Wis JI-Civil 1031

Conditional Privilege of Authorized Emergency Vehicle Operator

activein force · 2016-01-01 – presentas-observed

Under some circumstances, the operator of an authorized emergency vehicle has a

privilege to disregard rules governing the operation of other vehicles. This can include a

privilege to (insert here the rule or rules of the road delineated in Wis. Stat. § 346.03(2)

which the evidence show(s) (was) (were) disregarded, e.g., exceed the posted speed limit.)

In this case, you should find (operator) was entitled to exercise the privilege if you

find all of the following:

1. At the time of the accident, (operator) was operating an authorized

emergency vehicle (responding to an emergency call) (in pursuit of an actual or suspected

violator of the law) (responding to [but not returning from] a fire alarm). A (describe

vehicle) is an authorized emergency vehicle.1

2. At the time of the accident, (operator) was:

• [if § 346.03(2)(a) applies: giving a visual signal by means of operating

emergency lights.]

• [if § 346.03(2)(b), (c), or (d) applies: giving visual and audio signals by

means of operating emergency lights and siren.2]

• [if § 346.03(4) applies where the only rule violated is exceeding the speed

limit:

• obtaining evidence of a speed violation (or)

• responding to a call which (operator) reasonably believed involved

a felony in progress and (operator) further reasonably believed

(choose one or more of the following):

- (knowledge of (operator)’s presence may have endangered

the safety of a victim or other person)

- (knowledge of (operator)’s presence may have caused the

suspected violator to evade apprehension)

- (knowledge of (operator)’s presence may have caused the

suspected violator to destroy evidence of a suspected felony

or may otherwise have resulted in the loss of evidence of a

suspected felony)

- (knowledge of (operator)’s presence may have caused the

suspected violator to cease the commission of a suspected

felony before (operator) obtained sufficient evidence to

establish grounds for arrest)].

3. (Operator) operated the authorized emergency vehicle with due care under

the circumstances for the safety of all persons.3

If you are satisfied that these three conditions are met, you should find that

(operator) was not negligent.

History

Wis JI-Civil 1031 (2016). ©2016, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source: wilawlibrary.gov
Retrieved: 2026-09-24
Edition: 2026-09-24
Content hash: c6ee44464951a8b066128691c7267ccffc3015b1a4284cac83e818f00f508411

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