WI · jury_instructions
Wis JI-Criminal 2678
Speeding: Exceeding Posted Limits Under § 346.57(5) or an Ordinance Adopting § 346.57(5)
Statutory Definition of the Crime
[Section 346.57(5)] [Ordinance, adopting § 346.57(5)]1 of the Wisconsin
Statutes, is violated by one who drives a vehicle on a highway2 in excess of any speed
limit established pursuant to law by state or local authorities and indicated by official signs.
Burden of Proof
Before you may find the defendant guilty of this offense, the (identify prosecuting
agency)3 must prove by evidence which satisfies you to a reasonable certainty by evidence
which is clear, satisfactory, and convincing that the following three elements were present.
Elements of the Offense That Must Be Proved
1. The defendant drove a vehicle4 on a highway.5
2. The defendant drove the vehicle at a speed which exceeded the speed limit
established by law.6
3. The established speed limit was indicated by official signs.
Jury’s Decision
If you are satisfied to a reasonable certainty by evidence which is clear, satisfactory,
and convincing that all three elements of this offense have been proved, you should find
the defendant guilty [and you should also find the speed the defendant’s vehicle was
traveling and insert the same into the verdict].7
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 2678 (1/2023). Release No. 61. Wisconsin Court System, 1/2023. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
0fbdcd37a13379cec81deaca8cfe6329ca6f3bb5fdedaa5da0b76ea7f54a082c
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