Wis JI-Criminal 2622

Statutory Definition of the Crime

Section 343.44 of the Wisconsin Statutes is violated by one who operates a motor

vehicle upon any highway in this state while that person's operating privilege is duly

suspended.

Burden of Proof

Before you may find the defendant guilty of this offense, the (identify prosecuting

agency) 1 must prove by evidence which satisfies you to a reasonable certainty by

evidence which is clear, satisfactory, and convincing that the following two elements

were present.

Elements of the Offense That the State Must Prove

1. The defendant operated a motor vehicle 2 on a highway. 3

A motor vehicle is operated when it is set in motion. 4

2. The defendant's operating privilege 5 was duly suspended at the time the

defendant operated a motor vehicle.

[A person's operating privilege remains suspended until it is reinstated.] 6

Proof that the defendant knew (his) (her) operating privilege had been suspended is

not required. 7

IF THERE IS EVIDENCE THAT A NOTICE OF SUSPENSION WAS

PROPERLY MAILED, ADD THE FOLLOWING: 8

[Refusal to accept) (Failure to receive) an order of suspension is not a defense.]

Jury's Decision

If you are satisfied beyond a reasonable certainty by evidence which is clear,

satisfactory, and convincing that both elements of this offense have been proved, you

should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.

ADD THE FOLLOWING IF THE DEFENDANT IS CHARGED WITH

CAUSING GREAT BODILY HARM OR DEATH 9

If you find the defendant guilty, answer the following question:

"Did the defendant's operation of the vehicle cause (great bodily harm) (death) to

(name of victim) ?

"Cause" means that the defendant's act was a substantial factor in producing the

(great bodily harm) (death). 10

["Great bodily harm" means injury which creates a substantial risk of death, or which

causes serious permanent disfigurement, or which causes a permanent or protracted loss

or impairment of the function of any bodily member or organ, or other serious bodily

injury.] 11

Before you may answer "yes," you must be satisfied to a reasonable certainty by

evidence which is clear, satisfactory and convincing that the answer is "yes."