Wisconsin Jury Instruction - Good Faith Defense To Charge Of Intent To Defraud
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1005 NEGLIGENCE: DEFINED A person is not using ordinary care and is negligent, if the person, without intending to do harm, does something (or fails to do something) that a reasonable person would recognize as creating an unreasonable risk of injury or damage to a person or property.
The court may instruct the jury before or after the arguments are completed, or at both times.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
?It is illegal in Wisconsin for a driver over the age of 21 to operate a motor vehicle: With a Blood/Breath Alcohol Concentration (BAC) of 0.08 or greater; While under the influence of an intoxicant; With a detectable amount of a restricted controlled substance in his or her blood; or.
Party to a Crime Section 939.05 of the Criminal Code of Wisconsin provides that whoever is concerned in the commission of a crime is a party to that crime and may be convicted of that crime although that person did not directly commit it.
If you are satisfied beyond a reasonable doubt that the defendant (drove) (operated) a motor vehicle on a highway while under the influence of an intoxicant, you should find the defendant guilty of Count 1. If you are not so satisfied, you must find the defendant not guilty of Count 1.
