Proposed Jury
Instructions for Crimes in Use of Vehicle
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).
LEAVING THE SCENE OF AN ACCIDENT
INVOLVING DAMAGE TO A VEHICLE
_______________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Leaving The Scene Of An Accident Involving Damage To A Vehicle.
One of two verdicts may be returned by you under this Count of the Indictment.
They are (1) guilty of Leaving The Scene Of An Accident Involving Damage To
A Vehicle; and (2) not guilty.
Leaving The Scene Of An Accident Involving Damage To
A Vehicle is committed when any driver of any vehicle involved in an accident
resulting only in damage to a vehicle shall fail to immediately stop such vehicle
at the scene of such accident or as close thereto as possible, or shall fail
to forthwith return to and in every event shall remain at the scene of the accident
until fulfilling the requirements of rendering aid to the injured or providing
(his) (her) name, address, registration number and operator's license to the
driver, occupant or person struck in the other vehicle.
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 Leaving The
Scene Of An Accident Involving Damage To A Vehicle, 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. As the driver of a vehicle involved in an accident
with another vehicle,
5. Where damage resulted
6. Did fail to immediately stop such vehicle at the
scene of the accident, or stop as close thereto as possible and forthwith return
to and remain at the scene
7. To fulfill the requirements of rendering aid to the
injured or providing (his) (her) name, address, registration number and operator's
license to the driver, occupant or person struck in the other vehicle.
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 Leaving The Scene Of An Accident
Involving Damage To A Vehicle, 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 Leaving The Scene
Of An Accident Involving Damage To A Vehicle you shall find the __________________________
not guilty.
COMMENT
LEAVING THE SCENE OF AN ACCIDENT
INVOLVING DAMAGE TO A VEHICLE
1. W.Va. Code §17C-4-2
2. W.Va. Code §17C-4-3.
FAILURE TO GIVE APPROPRIATE SIGNAL WHEN TURNING
_____________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Failure To Give Appropriate Signal When Turning. One of two
verdicts may be returned by you under this Count of the Indictment. They are:
(1) guilty of Failure To Give Appropriate Signal When Turning; and (2) not guilty.
Failure To Give Appropriate Signal When Turning is committed
when any person driving a vehicle upon a public highway of this State turns
any such vehicle without giving an appropriate signal in the manner hereinafter
provided in the event any other traffic may be affected by such movement. A
signal of intention to turn right or left when required shall be given continuously
during not less than the last 100 feet traveled by the vehicle before turning.
Any stop or turn signal when required shall be given
either by means of the hand and arm or by a signal lamp or lamps or mechanical
signal device, but when a vehicle is so constructed or loaded that hand-and-arm
signal would not be visible both to the front and rear of such vehicle, then
said signals must be given by such a lamp or lamps or signal device.
When permitted hand and arm signals shall be given from
the left side of the vehicle as follows: (1) Left Turn - Hand and arm extended
horizontally ; (2) Right Turn - Hand and arm extended upward.
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 Failure To
Give Appropriate Signal When Turning, 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,
5. Upon a public highway of this State
6. And turn such vehicle
7. Without giving an appropriate signal of (his) (her)
intention to turn (right) (left)
8. Which signal shall be given continuously during
not less than 100 feet traveled by the vehicle before turning.
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 Failure To Give Appropriate Signal
When Turning, 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 Failure To Give Appropriate
Signal When Turning you shall find the __________________________ not guilty.
COMMENT
FAILURE TO GIVE APPROPRIATE SIGNAL WHEN TURNING
1. W.Va. Code §17C-8-8
2. W.Va. Code §17C-8-9
3. W.Va. Code §17C-8-10
FOLLOWING TOO CLOSELY
______________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Following Too Closely. One of two verdicts may be returned by
you under this Count of the Indictment. They are: (1) guilty of Following Too
Closely; and (2) not guilty.
Following Too Closely is committed when any person drives
a motor vehicle upon a public highway of this State and shall follow another
vehicle more closely than is reasonable and prudent having due regard for the
speed of such vehicles and the traffic upon and the condition of the highway.
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 Following Too
Closely, 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 motor vehicle,
5. Upon a public highway of this State
6. And did follow another vehicle, to-wit: ____________________
driven by _____________________
7. More closely than was reasonable and prudent
8. Having due regard for the speed of such vehicles
9. And the traffic upon and the condition of the highway.
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 Following Too Closely, 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 Following Too Closely you shall find the __________________________
not guilty.
COMMENT
FOLLOWING TOO CLOSELY
1. W.Va. Code §17C-7-10
FAILURE TO DISPLAY LIGHTED HEAD LAMPS WHEN REQUIRED
__________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Failure To Display Lighted Head Lamps When Required. One of
two verdicts may be returned by you under this Count of the Indictment. They
are: (1) guilty of Failure To Display Lighted Head Lamps When Required; and
(2) not guilty.
Failure To Display Lighted Head Lamps When Required
is committed when any person shall operate a vehicle other than a school bus,
motorcycle, motor driven cycle or moped upon a public highway of this State
at any time from sunset to sunrise or during fog, smoke, rain or other unfavorable
atmospheric conditions, or at any other time when there is not sufficient light
to render clearly discernible persons and vehicles on the highway at a distance
of 500 feet ahead without lighted head lamps and illuminating devices as required
by law for different classes of vehicles. Provided, further that school buses,
motorcycles, motor driven cycles and mopeds shall display lighted head lamps
at all times upon the highway.
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 Failure To
Display Lighted Head Lamps When Required, 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 operate a vehicle, to-wit: ______________________________
5. Upon a public highway of this State
6. Without (lighted head lamps) (illuminating devices)
as required by law for different classes of vehicles
7. (At a time from sunset to sunrise) (during [fog]
[smoke] [rain] [unfavorable atmospheric conditions] [at any time when there
was not sufficient light to render clearly discernible persons and vehicles
on the highway at a distance of 500 feet ahead])
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 Failure To Display Lighted Head
Lamps When Required, 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 Failure To Display
Lighted Head Lamps When Required you shall find the __________________________
not guilty.
COMMENT
FAILURE TO DISPLAY LIGHTED HEAD LAMPS WHEN REQUIRED
1. W.Va. Code §17C-15-2
RECKLESS DRIVING
__________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Reckless Driving. One of two verdicts may be returned by you
under this Count of the Indictment. They are: (1) guilty of Reckless Driving;
and (2) not guilty.
Reckless Driving is committed when any person drives
a vehicle upon any street or highway, or upon any residential street, or in
any parking area, or upon the ways of any institution of higher education whether
public or private, or upon the ways of any state institution, or upon the property
of any county board of education or upon any property within the state park
and public recreation system established by the Director of the Department of
Natural Resources in willful or wanton disregard for the safety of persons or
property.
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 Reckless Driving,
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
5. Upon any (street or highway) (residential street)
(parking area) (any way of any [public or private institution of higher education]
[state institution] [county board of education] [the property within state park
and public recreation system established by the Department of Natural Resources]
to-wit: describe highway or place _____________________________________________
6. In willful or wanton disregard for the safety of
persons or property, to-wit: describe person and property effected and misconduct
____________________________
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 Reckless Driving, 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 Reckless Driving you shall find the __________________________
not guilty.
COMMENT
RECKLESS DRIVING
1. W.Va. Code §17C-5-3
2. State v. Eden 163 W.Va. 370, 256 S.E. 2d 868
(1979)
FAILURE TO OBEY TRAFFIC CONTROL DEVICE
__________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Failure To Obey Traffic Control Device. One of two verdicts
may be returned by you under this Count of the Indictment. They are: (1) guilty
of Failure To Obey Traffic Control Device; and (2) not guilty.
Failure To Obey Traffic Control Device is committed
when any person shall drives any vehicle upon the public highways of this State
and fails to Failure To Obey the instructions of any official traffic control
device placed in accordance with law. Provided however it shall be a defense
to this offense if the traffic control device is not in proper position and
sufficiently legible to be seen by an ordinary observant person.
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 Failure To
Obey Traffic Control Device, 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 operate a vehicle
5. Upon a public highway of this State, to-wit: ___________________________
6. And failed to obey the instructions of an official
traffic control device, to-wit:
___________________________
7. Placed in accordance with law
8. Which traffic device was in proper position and
9. Sufficiently legible to be seen by an ordinary observant
person.
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 Failure To Obey Traffic Control
Device, 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 Failure To Obey Traffic Control Device,
you shall find the __________________________ not guilty.
COMMENT
FAILURE TO OBEY TRAFFIC CONTROL DEVICE
1. W.Va. Code §17C-3-4
EXCEEDING SPEED LIMITS OR SPEEDING
___________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Exceeding Speed Limits Or Speeding. One of two verdicts may
be returned by you under this Count of the Indictment. They are (1) guilty of
Exceeding Speed Limits Or Speeding; and (2) not guilty.
Exceeding Speed Limits Or Speeding is committed when
any person drives a vehicle on a public highway of this State in excess of the
speed limit.
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 Exceeding Speed
Limits Or Speeding, 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
5. Upon a public highway of this State, to-wit: ___________________________
6. In excess of the speed limit, to-wit: _____________________________
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 Exceeding Speed Limits Or Speeding,
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 Exceeding Speed Limits Or Speeding, you shall
find the __________________________ not guilty.
COMMENT
EXCEEDING SPEED LIMITS OR SPEEDING
1. W.Va. Code §17C-6-1
DRIVING AT A SPEED GREATER THAN IS REASONABLE
UNDER EXISTING CONDITIONS
___________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Driving At A Speed Greater Than Is Reasonable Under Existing
Conditions. One of two verdicts may be returned by you under this Count of the
Indictment. They are: (1) guilty of Driving At A Speed Greater Than Is Reasonable
Under Existing Conditions; and (2) not guilty.
Driving At A Speed Greater Than Is Reasonable Under
Existing Conditions is committed when any person drives a vehicle on a public
highway of this State at a speed greater than is reasonable and prudent under
the existing conditions and the actual and potential hazards.
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 Driving At
A Speed Greater Than Is Reasonable Under Existing Conditions, 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
5. Upon a public highway of this State, to-wit: ___________________________
6. At a speed greater than is reasonable and prudent
under existing conditions and the actual and potential hazards.
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 Driving At A Speed Greater Than
Is Reasonable Under Existing Conditions, 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
Driving At A Speed Greater Than Is Reasonable Under Existing Conditions, you
shall find the __________________________ not guilty.
COMMENT
DRIVING AT A SPEED GREATER THAN IS REASONABLE
UNDER EXISTING CONDITIONS
1. W.Va. Code §17C-6-1
2. State v. Eden 163 W.Va. 370, 256 S.E. 2d 868
(1979)
FAILURE TO YIELD RIGHT OF WAY
__________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Failure To Yield Right Of Way. One of two verdicts may be returned
by you under this Count of the Indictment. They are: (1) guilty of Failure To
Yield Right Of Way; and (2) not guilty.
Failure To Yield Right Of Way is committed when any
person shall drive a vehicle upon the public highways of this State and (1)
when approaching an intersection shall fail to yield the right of way to a vehicle
which has entered the intersection from a different highway; or (2) when approaching
the entrance to a through highway shall fail to yield the right of way to other
vehicles which have entered the intersection from said through highway or which
are approaching so closely on said through highway as to constitute an immediate
hazard; or (3) when entering an intersection from a highway at the same time
as another vehicle has entered the same intersection from a highway fail to
yield the right of way to the vehicle on the right; or (4) when entering an
intersection intending to turn to the left shall fail to yield the right of
way to any vehicle approaching from the opposite direction which is within the
intersection or so close thereto as o constitute an immediate hazard; or (5)
when entering or crossing a highway from a private road or driveway shall fail
to yield the right of way to all vehicles approaching on said highway.
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 Failure To
Yield Right Of Way, 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. (And when approaching an intersection did fail to
yield the right of way to a vehicle which had entered the intersection from
a different highway) (And when approaching the entrance to a through highway
did fail to yield the right of way to another vehicle which had entered the
intersection from said highway or which was approaching so closely on said through
highway as to constitute an immediate hazard) (and when entering an intersection
from a highway at the same time as another vehicle has entered that intersection
did fail to yield the right of way to the vehicle on the right) (and when entering
an intersection intending to turn left failed to yield the right of way to any
vehicle approaching from the opposite direction which is within the intersection
or so close thereto as to constitute an immediate hazard) (and when entering
or crossing a highway from a private road or driveway failed to yield the right
of way to all vehicles approaching on said highway).
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 Failure To Yield Right Of Way,
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 Failure To Yield Right Of Way, you shall find
the __________________________ not guilty.
COMMENT
FAILURE TO YIELD RIGHT OF WAY
1. W.Va. Code §17C-9-1
2. W.Va. Code §17C-9-2
3 W.Va. Code §17C-9-3
4. W.Va. Code §17C-9-4
FAILURE TO CARRY AND EXHIBIT
REGISTRATION CARD ON DEMAND
__________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Failure To Carry And Exhibit Registration Card On Demand. One
of two verdicts may be returned by you under this Count of the Indictment. They
are: (1) guilty of Failure To Yield Right Of Way; and (2) not guilty.
Failure To Carry And Exhibit Registration Card On Demand
is committed when any person driving or in control of any vehicle on the public
highways of this State fails to carry and exhibit the Department of Motor Vehicles
registration card of that vehicle upon demand of police officer or officer or
employee of the Department of Motor Vehicles.
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 Failure To
Carry And Exhibit Registration Card On Demand, 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) (was in control of)
5. A vehicle on the public highways of this State,
to-wit: _____________________
6. And upon the demand of (Officer _____________ of
the ________________ department
7. Failed to carry and exhibit the Department of Motor
Vehicles vehicle registration card of that vehicle.
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 Failure To Carry And Exhibit Registration
Card On Demand, 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 Failure To Carry And Exhibit
Registration Card On Demand, you shall find the __________________________ not
guilty.
COMMENT
FAILURE TO CARRY AND EXHIBIT
REGISTRATION CARD ON DEMAND
1. W.Va. Code §17A-3-13
(DRIVING) (MOVING) AN UNREGISTERED VEHICLE
____________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is (Driving) (Moving) An Unregistered Vehicle. One of two verdicts
may be returned by you under this Count of the Indictment. They are: (1) guilty
of (Driving) (Moving) An Unregistered Vehicle; and (2) not guilty.
(Driving) (Moving) An Unregistered Vehicle is committed
when any person drives or moves, or the owner knowingly permits to be driven
or moved upon any public highway in the State required by law to be registered
with the Department of Motor Vehicles which is not registered, except for otherwise
exempt by law from registration..
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 (Driving) (Moving)
An Unregistered Vehicle, 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) (move) (knowingly permit to be [driven]
[moved])
5. A vehicle, to-wit: _____________________________
6. Upon the public highways of this State, to-wit:______________________
7. Which was required by law to be registered with
the Department of Motor Vehicles
8. But which was not registered
9. And which was not otherwise exempt by law from registration.
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 (Driving) (Moving) An Unregistered
Vehicle, 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 (Driving) (Moving) An Unregistered
Vehicle, you shall find the __________________________ not guilty.
COMMENT
(DRIVING) (MOVING) AN UNREGISTERED VEHICLE
1. W.Va. Code §17A-3-1
OPERATING A MOTOR VEHICLE WITHOUT INSURANCE OR SECURITY
______________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Operating A Vehicle Without Insurance Or Security. One of two
verdicts may be returned by you under this Count of the Indictment. They are:
(1) guilty of Operating A Vehicle Without Insurance Or Security; and (2) not
guilty.
Operating A Vehicle Without Insurance Or Security is
committed when any person drives or operates a motor vehicle upon any road or
highway of the State without motor vehicle liability insurance or security in
effect as required by law.
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 Operating A
Vehicle Without Insurance Or Security, 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) (operate) a motor vehicle
5. On a road or highway of this State
6. Without having motor vehicle liability insurance
or security in effect as required by law.
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 Operating A Vehicle Without Insurance
Or Security, 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 Operating A Vehicle Without
Insurance Or Security, you shall find the __________________________ not guilty.
COMMENT
OPERATING A MOTOR VEHICLE WITHOUT
INSURANCE OR SECURITY
1. W.Va. Code §17D-2A-3
OPERATING A MOTOR VEHICLE WITHOUT A CURRENT
AND VALID CERTIFICATE OF INSPECTION
____________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Operating A Motor Vehicle Without A Current And Valid Certificate
Of Inspection. One of two verdicts may be returned by you under this Count of
the Indictment. They are: (1) guilty of Operating A Motor Vehicle Without A
Current And Valid Certificate Of Inspection; and (2) not guilty.
Operating A Motor Vehicle Without A Current And Valid
Certificate Of Inspection is committed when any person operates a vehicle, required
by law to be registered in this State, upon the public highways of this State,
without a current and valid inspection certificate displayed thereon, or produced
upon demand.
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 Operating A
Motor Vehicle Without A Current And Valid Certificate Of Inspection, 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 operate a vehicle
5. Upon the public highways of this State
6. Required by law to be registered in this State
7. Without a current and valid inspection certificate
displayed thereon or
8. Produced upon demand.
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 Operating A Motor Vehicle Without
A Current And Valid Certificate Of Inspection, 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
Operating A Motor Vehicle Without A Current And Valid Certificate Of Inspection,
you shall find the __________________________ not guilty.
COMMENT
OPERATING A MOTOR VEHICLE WITHOUT A CURRENT
AND VALID CERTIFICATE OF INSPECTION
1. W.Va. Code §17C-16-9
DRIVING WHILE REVOKED FOR (DRIVING) (UNDER THE INFLUENCE OF
[ALCOHOL] [CONTROLLED SUBSTANCES] [DRUGS]) (WHILE HAVING AN ALCOHOLIC CONCENTRATION
OF TEN HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT) REFUSING TO TAKE A SECONDARY
CHEMICAL TEST OF BLOOD ALCOHOL CONTENT
___________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Driving While Revoked For (Driving) (Under The Influence Of
[Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content). One of two verdicts may be returned
by you under this Count of the Indictment. They are: (1) guilty of Driving While
Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances]
[Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent
Or More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content); and (2) not guilty.
Driving While Revoked For (Driving) (Under The Influence
Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content) is committed when any person drives
a motor vehicle upon a public highway of this State at a time when (his) (her)
privilege to do so has been lawfully revoked for driving under the influence
of alcohol, controlled substances or other drugs or for driving while having
an alcoholic concentration in (his) (her) blood of ten hundredths of one percent
or more, by weight or for refusing to take a secondary chemical test of blood
alcohol content.
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 Driving While
Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances]
[Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent
Or More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content), 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 motor vehicle
5. upon a public highway of this state
6. At a time when (his) (her) privilege to do so has
been lawfully revoked
7. For Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content)
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 Driving While Revoked For (Driving)
(Under The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having
An Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content), you may
find ______________________________ guilty of Driving While Revoked For (Driving)
(Under The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having
An Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content) 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 Driving While Revoked
For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content) you shall find the ____________________________________ not guilty.
COMMENT
DRIVING WHILE REVOKED FOR (DRIVING) (UNDER THE INFLUENCE OF
[ALCOHOL] [CONTROLLED SUBSTANCES] [DRUGS]))(WHILE HAVING AN ALCOHOLIC CONCENTRATION
OF TEN HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT) REFUSING TO TAKE A SECONDARY
CHEMICAL TEST OF BLOOD ALCOHOL CONTENT
1. W.Va. Code §17B-4-3.
2. State v. ex rel Hall v. Schleagel, 502 S.
E. 2d 190 (W.Va. 1998).
3. State v. Ludwick, 197 W.Va. 70, 475 S.E.
2d 70 (1996)
SECOND OFFENSE-DRIVING WHILE REVOKED FOR (DRIVING) (UNDER
THE
INFLUENCE OF [ALCOHOL] [CONTROLLED SUBSTANCES] [DRUGS]) (WHILE HAVING AN
ALCOHOLIC CONCENTRATION OF TEN HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT)
(REFUSING TO TAKE A SECONDARY CHEMICAL TEST OF BLOOD ALCOHOL CONTENT
__________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Second Offense Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content). One of two verdicts
may be returned by you under this Count of the Indictment. They are: (1) guilty
of Second Offense Driving While Revoked For (Driving) (Under The Influence Of
[Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content); and (2) not guilty.
Second Offense Driving While Revoked For (Driving) (Under
The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An
Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content) is committed
when any person drives a motor vehicle upon a public highway of this State at
a time when (his) (her) privilege to do so has been lawfully revoked for driving
under the influence of alcohol, controlled substances or other drugs or for
driving wile having an alcoholic concentration in (his) (her) blood of ten hundredths
of one percent or more, by weight or for refusing to take a secondary chemical
test of blood alcohol content having been previously convicted of the same offense.
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 Second Offense
Driving While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled
Substances] [Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths
Of One Percent Or More, By Weight) (Refusing To Take A Secondary Chemical Test
Of Blood Alcohol Content), 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 motor vehicle
5. upon a public highway of this state
6. At a time when (his) (her) privilege to do so has
been lawfully revoked
7. For Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content)
8. And the Defendant ______________________________
has previously been convicted of driving while his driving privilege was revoked
for (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content)
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 Second Offense Driving While Revoked
For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content), you may find ______________________________ guilty of Second Offense
Driving While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled
Substances] [Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths
Of One Percent Or More, By Weight) (Refusing To Take A Secondary Chemical Test
Of Blood Alcohol Content) 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 Second Offense Driving While Revoked For (Driving) (Under The Influence
Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content) you shall find the ____________________________________
not guilty.
COMMENT
SECOND OFFENSE REVOKED FOR (DRIVING) (UNDER THE
INFLUENCE OF
[ALCOHOL] [CONTROLLED SUBSTANCES] [DRUGS]))(WHILE HAVING AN ALCOHOLIC CONCENTRATION
OF TEN HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT) (REFUSING TO TAKE A SECONDARY
CHEMICAL TEST OF BLOOD ALCOHOL CONTENT
1. W.Va. Code §17B-4-3.
2. State v. ex rel Hall v. Schleagel, 502 S.
E. 2d 190 (W.Va. 1998).
3. State v. Ludwick, 197 W.Va. 70, 475 S.E.
2d 70 (1996)
SECOND OFFENSE-DRIVING WHILE REVOKED FOR (DRIVING)
(UNDER THE
INFLUENCE OF [ALCOHOL] [CONTROLLED SUBSTANCES] [DRUGS]) (WHILE HAVING AN
ALCOHOLIC CONCENTRATION OF TEN HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT)
(REFUSING TO TAKE A SECONDARY CHEMICAL TEST OF BLOOD ALCOHOL CONTENT
(With lesser included offenses)
____________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Second Offense Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content). One of three verdicts
may be returned by you under this Count of the Indictment. They are: (1) guilty
of Second Offense Driving While Revoked For (Driving) (Under The Influence Of
[Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content); (2) guilty of Driving While Revoked
For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content); and (3) not guilty.
Driving While Revoked For (Driving) (Under The Influence
Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content) is committed when any person drives
a motor vehicle upon a public highway of this State at a time when (his) (her)
privilege to do so has been lawfully revoked for driving under the influence
of alcohol, controlled substances or other drugs or for driving while having
an alcoholic concentration in (his) (her) blood of ten hundredths of one percent
or more, by weight or for refusing to take a secondary chemical test of blood
alcohol content
Second Offense Driving While Revoked For (Driving) (Under
The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An
Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content) is committed
when any person drives a motor vehicle upon a public highway of this State at
a time when (his) (her) privilege to do so has been lawfully revoked for driving
under the influence of alcohol, controlled substances or other drugs or for
driving while having an alcoholic concentration in (his) (her) blood of ten
hundredths of one percent or more, by weight or for refusing to take a secondary
chemical test of blood alcohol content having been previously convicted of the
same offense.
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 Second Offense
Driving While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled
Substances] [Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths
Of One Percent Or More, By Weight) (Refusing To Take A Secondary Chemical Test
Of Blood Alcohol Content), 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 motor vehicle
5. upon a public highway of this state
6. At a time when (his) (her) privilege to do so has
been lawfully revoked
7. For Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content)
8. And the Defendant ______________________________
has previously been convicted of driving while his driving privilege was revoked
for (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content)
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 Second Offense Driving While Revoked
For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content), you may find ______________________________ guilty of Second Offense
Driving While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled
Substances] [Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths
Of One Percent Or More, By Weight) (Refusing To Take A Secondary Chemical Test
Of Blood Alcohol Content) 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 Second Offense Driving While Revoked For (Driving) (Under The Influence
Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content) you shall find the ________________________________
not guilty of Second Offense Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content) (and deliberate
on the lesser included offense of Driving While Revoked For (Driving)(Under
The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An
Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content) as hereinafter
instructed).
Before the Defendant can be convicted of Driving While
Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances]
[Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent
Or More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content), 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 motor vehicle
5. upon a public highway of this state
6. At a time when (his) (her) privilege to do so has
been lawfully revoked
7. For Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content)
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 Driving While Revoked For (Driving)
(Under The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having
An Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content), you may
find ______________________________ guilty of Driving While Revoked For (Driving)
(Under The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having
An Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content) 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 Driving While Revoked
For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content) you shall find the ____________________________________ not guilty.
COMMENT
SECOND OFFENSE REVOKED FOR (DRIVING) (UNDER THE
INFLUENCE OF
[ALCOHOL] [CONTROLLED SUBSTANCES] [DRUGS]))(WHILE HAVING AN ALCOHOLIC CONCENTRATION
OF TEN HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT) (REFUSING TO TAKE A SECONDARY
CHEMICAL TEST OF BLOOD ALCOHOL CONTENT
(With lesser included offenses)
1. W.Va. Code §17B-4-3.
2. State v. ex rel Hall v. Schleagel, 502 S.
E. 2d 190 (W.Va. 1998).
3. State v. Ludwick, 197 W.Va. 70, 475 S.E.
2d 70 (1996)
THIRD OFFENSE-DRIVING WHILE REVOKED FOR (DRIVING) (UNDER THE
INFLUENCE OF [ALCOHOL] [CONTROLLED SUBSTANCES] [DRUGS]) (WHILE HAVING AN
ALCOHOLIC CONCENTRATION OF TEN HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT)
(REFUSING TO TAKE A SECONDARY CHEMICAL TEST OF BLOOD ALCOHOL CONTENT
_____________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Third Offense Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs])) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content). One of two verdicts
may be returned by you under this Count of the Indictment. They are: (1) guilty
of Third Offense Driving While Revoked For (Driving) (Under The Influence Of
[Alcohol] [Controlled Substances] [Drugs])) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content); and (2) not guilty.
Third Offense Driving While Revoked For (Driving) (Under
The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An
Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content) is committed
when any person drives a motor vehicle upon a public highway of this State at
a time when (his) (her) privilege to do so has been lawfully revoked for driving
under the influence of alcohol, controlled substances or other drugs or for
driving while having an alcoholic concentration in (his) (her) blood of ten
hundredths of one percent or more, by weight or for refusing to take a secondary
chemical test of blood alcohol content having twice previously been convicted
of the same offense.
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 Third Offense
Driving While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled
Substances] [Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths
Of One Percent Or More, By Weight) (Refusing To Take A Secondary Chemical Test
Of Blood Alcohol Content), 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 motor vehicle
5. upon a public highway of this state
6. At a time when (his) (her) privilege to do so has
been lawfully revoked
7. For Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content)
8. And the Defendant ______________________________
has twice previously been convicted of driving while his driving privilege was
revoked for (Driving) (Under The Influence Of [Alcohol] [Controlled Substances]
[Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent
Or More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content)
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 Third Offense Driving While Revoked
For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content), you may find ______________________________ guilty of Third Offense
Driving While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled
Substances] [Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths
Of One Percent Or More, By Weight) (Refusing To Take A Secondary Chemical Test
Of Blood Alcohol Content) 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 Third Offense Driving While Revoked For (Driving) (Under The Influence
Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content) you shall find the Defendant not guilty.
COMMENT
THIRD OFFENSE REVOKED FOR (DRIVING) (UNDER THE
INFLUENCE OF
[ALCOHOL] [CONTROLLED SUBSTANCES] [DRUGS]) (WHILE HAVING AN ALCOHOLIC CONCENTRATION
OF TEN HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT) (REFUSING TO TAKE A SECONDARY
CHEMICAL TEST OF BLOOD ALCOHOL CONTENT
1. W.Va. Code §17B-4-3.
2. State v. ex rel Hall v. Schleagel, 502 S.
E. 2d 190 (W.Va. 1998).
3. State v. Ludwick, 197 W.Va. 70, 475 S.E.
2d 70 (1996)
THIRD OFFENSE-DRIVING WHILE REVOKED FOR (DRIVING) (UNDER THE
INFLUENCE OF [ALCOHOL] [CONTROLLED SUBSTANCES] [DRUGS])(WHILE HAVING AN
ALCOHOLIC CONCENTRATION OF TEN HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT)
(REFUSING TO TAKE A SECONDARY CHEMICAL TEST OF BLOOD ALCOHOL CONTENT)
(With lesser included offenses)
_____________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Third Offense Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs] (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content). One of four verdicts
may be returned by you under this Count of the Indictment. They are: (1) guilty
of Third Offense Driving While Revoked For (Driving) (Under The Influence Of
[Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content); (2) guilty of Second Offense Driving
While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances]
[Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent
Or More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content); (3) guilty of Driving While Revoked For (Driving) (Under The Influence
Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content); and (4) not guilty.
Third Offense Driving While Revoked For (Driving) (Under
The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An
Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content) is committed
when any person drives a motor vehicle upon a public highway of this State at
a time when (his) (her) privilege to do so has been lawfully revoked for driving
under the influence of alcohol, controlled substances or other drugs or for
driving while having an alcoholic concentration in (his) (her) blood of ten
hundredths of one percent or more, by weight or for refusing to take a secondary
chemical test of blood alcohol content having twice previously been convicted
of the same offense.
Second Offense Driving While Revoked For (Driving) (Under
The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An
Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content) is committed
when any person drives a motor vehicle upon a public highway of this State at
a time when (his) (her) privilege to do so has been lawfully revoked for driving
under the influence of alcohol, controlled substances or other drugs or for
driving while having an alcoholic concentration in (his) (her) blood of ten
hundredths of one percent or more, by weight or for refusing to take a secondary
chemical test of blood alcohol content having been previously convicted of the
same offense.
Driving While Revoked For (Driving) (Under The Influence
Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content) is committed when any person drives
a motor vehicle upon a public highway of this State at a time when (his) (her)
privilege to do so has been lawfully revoked for driving under the influence
of alcohol, controlled substances or other drugs or for driving while having
an alcoholic concentration in (his) (her) blood of ten hundredths of one percent
or more, by weight or for refusing to take a secondary chemical test of blood
alcohol content
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 Third Offense
Driving While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled
Substances] [Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths
Of One Percent Or More, By Weight) (Refusing To Take A Secondary Chemical Test
Of Blood Alcohol Content), 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 motor vehicle
5. upon a public highway of this state
6. At a time when (his) (her) privilege to do so has
been lawfully revoked
7. For Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content)
8. And the Defendant ______________________________
has twice previously been convicted of driving while his driving privilege was
revoked for (Driving) (Under The Influence Of [Alcohol] [Controlled Substances]
[Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent
Or More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content)
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 Third Offense Driving While Revoked
For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content), you may find ______________________________ guilty of Third Offense
Driving While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled
Substances] [Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths
Of One Percent Or More, By Weight) (Refusing To Take A Secondary Chemical Test
Of Blood Alcohol Content) 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 Third Offense Driving While Revoked For (Driving) (Under The Influence
Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content) you shall find the Defendant not guilty
of Third Offense Driving While Revoked For (Driving) (Under The Influence Of
[Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content) (and deliberate on the lesser included
offense as hereinafter instructed).
Before the Defendant can be convicted of Second Offense
Driving While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled
Substances] [Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths
Of One Percent Or More, By Weight) (Refusing To Take A Secondary Chemical Test
Of Blood Alcohol Content), 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 motor vehicle
5. upon a public highway of this state
6. At a time when (his) (her) privilege to do so has
been lawfully revoked
7. For Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content)
8. And the Defendant ______________________________
has previously been convicted of driving while his driving privilege was revoked
for (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content)
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 Second Offense Driving While Revoked
For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content), you may find ______________________________ guilty of Second Offense
Driving While Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled
Substances] [Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths
Of One Percent Or More, By Weight) (Refusing To Take A Secondary Chemical Test
Of Blood Alcohol Content) 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 Second Offense Driving While Revoked For (Driving) (Under The Influence
Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic Concentration
Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing To Take A Secondary
Chemical Test Of Blood Alcohol Content) you shall find the ____________________________________
not guilty of Second Offense Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content) (and deliberate
on the lesser included offense as hereinafter instructed)..
Before the Defendant can be convicted of Driving While
Revoked For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances]
[Drugs]) (While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent
Or More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content), 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 motor vehicle
5. upon a public highway of this state
6. At a time when (his) (her) privilege to do so has
been lawfully revoked
7. For Driving While Revoked For (Driving) (Under The
Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having An Alcoholic
Concentration Of Ten Hundredths Of One Percent Or More, By Weight) (Refusing
To Take A Secondary Chemical Test Of Blood Alcohol Content)
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 Driving While Revoked For (Driving)
(Under The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having
An Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content), you may
find ______________________________ guilty of Driving While Revoked For (Driving)
(Under The Influence Of [Alcohol] [Controlled Substances] [Drugs]) (While Having
An Alcoholic Concentration Of Ten Hundredths Of One Percent Or More, By Weight)
(Refusing To Take A Secondary Chemical Test Of Blood Alcohol Content) 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 Driving While Revoked
For (Driving) (Under The Influence Of [Alcohol] [Controlled Substances] [Drugs])
(While Having An Alcoholic Concentration Of Ten Hundredths Of One Percent Or
More, By Weight) (Refusing To Take A Secondary Chemical Test Of Blood Alcohol
Content) you shall find the ________________________________ not guilty
COMMENT
THIRD OFFENSE REVOKED FOR (DRIVING) (UNDER THE
INFLUENCE OF
[ALCOHOL] [CONTROLLED SUBSTANCES] [DRUGS]) (WHILE HAVING AN ALCOHOLIC CONCENTRATION
OF TEN HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT) (REFUSING TO TAKE A SECONDARY
CHEMICAL TEST OF BLOOD ALCOHOL CONTENT)
(With lesser included offenses)
1. W.Va. Code §17B-4-3.
2. State v. ex rel Hall v. Schleagel, 502 S.
E. 2d 190 (W.Va. 1998).
3. State v. Ludwick, 197 W.Va. 70, 475 S.E.
2d 70 (1996)