Wis JI-Criminal 2672B

Statutory Definition of the Crime

Section 346.60(3m)(a)2 of the Wisconsin Statutes, is violated by one who drives a

vehicle on a highway1 at a speed greater than is reasonable and prudent under the

circumstances in (a highway maintenance or construction area) (a railroad maintenance

or construction area) (a utility work area) (an emergency or roadside response area) which

results in bodily harm to another.

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 four elements

were present.

Elements of the Offense That Must Be Proved

1. The defendant drove a vehicle2 on a highway.3

2. The defendant drove the vehicle at a speed4 greater than was reasonable and

prudent under the conditions, taking into consideration the actual and potential

hazards then existing.

[This element requires that the speed of the vehicle be controlled as necessary

to avoid colliding with any (object) (person) (vehicle) (other conveyance) on or

entering the highway in compliance with legal requirements and using due care.]

3. The defendant drove in (a highway maintenance or construction area) (a railroad

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.]5

[“Railroad maintenance or construction area” means (the entire section of

roadway between the first advance warning sign of railroad maintenance or

construction work and a sign indicating the end of the area) (the entire section

of roadway within 500 feet of a railroad employee using flags to signal the

presence of a railroad train or other railroad vehicle or railroad employees.

In the case of a moving vehicle engaged in railroad maintenance or

construction work, “railroad maintenance or construction area” means that

section of roadway where the normal flow of traffic is first altered by the vehicle

until that section of roadway where traffic may return to its normal flow without

impeding such work.]6

[“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.]7

[“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).]8

4. The defendant’s driving resulted in bodily harm to another.

This requires that the defendant’s driving was a substantial factor in causing

bodily harm to another.9

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

physical condition.10

Jury’s Decision

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