Motor Vehicles
OWI causing injury; material impairment

It was not error, in a prosecution for causing injury by intoxicated use of a vehicle, to instruct the jury to give "materially impaired" its ordinary meaning.

"The Waalen court did not give 'materially impaired' a 'technical' or 'peculiar' meaning unique to criminal law. Specifically, 'the Waalen language' was not intended to define the statutory term 'materially impaired.' Instead, the Waalen court used the language to describe two circumstances in which material impairment 'exists.' Waalen, 130 Wis. 2d at 27. These were examples, not definitions. Therefore, the Waalen court was not defining 'materially impaired' with 'the Waalen language.'"

"Other parts of the Waalen decision indicate acceptable means for a circuit court to instruct a jury regarding the definition of 'under the influence.' See id. at 26, 28. Hubbard has not argued that the specific jury instructions endorsed by the Waalen court should have been given by the circuit court. These instructions would not have benefited him because 'the Waalen language' is not part of any of the specific jury instructions endorsed by the Waalen court. Id. at 22, 25-26 (reciting the circuit court's instruction in Waalen and the instruction given in Hernandez). Consequently, Hubbard's argument that 'the Waalen language' defined 'materially impaired' to give the term a 'technical' or 'peculiar' meaning in the context of criminal law is untenable."

"Thus, when the jury asked Judge Wolfgram to define '"materially" impaired,' he was on solid footing in relying on Wis. Stat. § 990.01(1), which provides in pertinent part: 'All words and phrases shall be construed according to common and approved usage'; and he did not erroneously exercise his discretion when he directed the jury to 'give all words not otherwise defined in the jury instructions their ordinary meaning.' The court would not have been correct to give Hubbard's clarification request."

Reversed.

2006AP2753-CR State v. Hubbard

Prosser, J.

Attorneys: For Appellant: Zaleski, Steven, Madison; For Respondent: Becker, David J., Madison; Williams, Sandy A., Port Washington

Full Text