Wis JI-Criminal 2650

Statutory Definition of the Crime

Reckless driving, as defined in § 346.62(2) of the Wisconsin Statutes, is committed by

one who endangers the safety of any person or property by the negligent operation of a

vehicle on a highway.1

State’s Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following three elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant operated2 a vehicle3 on a highway4.

2. The defendant operated a vehicle in a manner constituting criminal negligence.5

“Criminal negligence” means:6

• the defendant’s operation of a vehicle created a risk of death or great bodily

harm; and

• the risk of death or great bodily harm was unreasonable and substantial; and

• the defendant should have been aware that (his) (her) operation of a vehicle

created the unreasonable and substantial risk of death or great bodily harm.

IF REFERENCE TO ORDINARY NEGLIGENCE IS BELIEVED TO

BE HELPFUL OR NECESSARY, SEE WIS JI CRIMINAL 925.7

IF EVIDENCE OF VIOLATION OF A SAFETY STATUTE HAS

BEEN RECEIVED, ADD THE FOLLOWING:8

[Evidence has been received that the defendant violated section _________

of the Wisconsin Statutes, which provides that (summarize the statute).

Violating this statute does not necessarily constitute criminal negligence. You

may consider this along with all the other evidence in determining whether the

defendant’s conduct constituted criminal negligence.]

3. The defendant’s criminal negligence endangered the safety of any person or

property.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all three 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.

If you find the defendant guilty, you must answer the following questions “yes” or

“no”:9

Did the violation result in bodily harm to another?

“Bodily harm” means physical pain or injury, illness, or any impairment of

physical condition.10

Did the violation occur in (a highway maintenance or construction area) (a utility

work area) (an emergency or roadside response area) where workers are at risk from

traffic?

[“Highway maintenance or construction area” means the entire section of roadway

between the first advance warning sign of highway maintenance or construction work

and an “END ROAD WORK” or “END CONSTRUCTION” sign or, in the case of a

moving vehicle engaged in the maintenance or construction work, that section of

roadway where traffic may return to its normal flow without impeding such work.]11

[“Utility work area” means the entire section of roadway between the first advance

warning sign of work on a utility facility, as defined in s. 30.40 (19), or on a high-voltage transmission line, as defined in s. 30.40 (3r), and an “END UTILITY WORK”

sign, where the signs are placed according to rules of the department, or, in the case of

a moving vehicle engaged in work on such a utility facility or high-voltage

transmission line, that section of roadway where traffic may return to its normal flow

without impeding such work.]12

[“Emergency or roadside response area” means the section of roadway within 500

feet of an authorized emergency vehicle giving a visible signal or a tow truck

displaying flashing red lamps, as required by s. 347.26 (6) (b).]13