Wis JI-Criminal 2677A

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 in excess of 55 miles per hour in the absence of any other posted

limit in (a highway maintenance or construction area) (a utility work area) (a railroad

maintenance or construction 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 speed which exceeded 55 miles per hour.4

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 [and you should also find the speed

at which the defendant’s vehicle was traveling and insert the same into the verdict].11

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