Wis JI-Criminal 2676C

Statutory Definition of the Crime

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

vehicle at a speed in excess of 25 miles per hour on any highway1 within the corporate

limits of a city or village, provided that no different limit was indicated by an official traffic

sign, 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 that satisfies you beyond a reasonable doubt that the following six elements were

present.

Elements of the Offense That Must Be Proved

1. The defendant drove a vehicle.2

2. The defendant drove the vehicle on a highway3 located within the (city) (village)

limits of (name city or village).

[This element further requires that the highway was not located in an outlying

district of (name city or village). “Outlying district” means the territory contiguous

to and including any highway within the corporate limits of a city or village where

on each side of the highway within any 1,000 feet along such highway, the

buildings in use for business, industrial, or residential purposes fronting thereon

average more than 200 feet apart.]4

3. The defendant drove a vehicle at a speed in excess of 25 miles per hour.5

4. No speed limit different than 25 miles per hour was indicated by an official traffic

sign.

5. 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.]6

[“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.]7

[“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.]8

[“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).]9

6. 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.10

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

physical condition.11

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all six elements of this offense have

been proved, you should find the defendant guilty [and you should also find the speed at

which the defendant’s vehicle was traveling and insert the same into the verdict.]12

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