Proposed Jury Instruction for Improper Driving
to Left of Center of a Roadway

NOTICE TO COUNSEL AND JUDGES: As provided in the Court's Order accepting the proposed jury instructions for a period of working review, the Court's provisional approval "is for the purpose of refining and testing the application and accuracy of the pattern instructions and does not ensure error-free trials, and their use does not carry a no-reversal guarantee. It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law. (emphasis added).

    The offense charged in Count _____ of the Indictment in this case is Improper Driving To Left Of Center Of A Roadway. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Improper Driving To Left Of Center Of A Roadway; (2) not guilty.
    Improper Driving To Left Of Center Of A Roadway is committed when any person shall drive a vehicle upon a public highway of this State to the left side of the roadway (1) when approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; or (2) when approaching within 100 feet of or traversing any intersection or railroad crossing; or (3) when the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel. Provided, however that the foregoing does not apply to one-way roadways.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Improper Driving To Left Of Center Of A Roadway the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:

1.     The Defendant, ______________________________,
2.     in __________________ County, West Virginia,
3.     on or about the _____ day of ________________, 2_____
4.     did drive a vehicle upon a public highway in this State,
5.     to the left side of the roadway, not a one-way roadway, to-wit: _______________________________
6.     (when approaching the crest of a grade)
    (upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction)
    (when approaching within 100 feet of any intersection)
    (when approaching within 100 feet of any railroad crossing)
    (when traversing any intersection)
    (When traversing any railroad crossing)
    (When the view is obstructed upon approaching within 100 feet of any [bridge] [viaduct] [tunnel]
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Improper Driving To Left Of Center Of A Roadway, you may find ___ _________________ guilty as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Assault, you shall find the Defendant ______________________________ not guilty.