OUJI-CR 6-35


Actual Physical Control - Directing influence, domination or regulation of any motor vehicle, whether or not the motor vehicle is being driven or is in motion.

References: Crane v. State, 461 P.2d 986 (Okl. Cr. 1969); Bearden v. State, 430 P.2d 884 (Okl. Cr. 1967); Parker v. State, 424 P.2d 997 (Okl. Cr. 1967).

Careless or Wanton Manner - In disregard of an unreasonable risk of danger to another, when it is known or should be known that harm is highly probable to result.

References: Carter v. State, 376 P.2d 351 (Okl. Cr. 1962); Black's Law Dictionary 1419 (5th ed. 1979).

Driving - Operating a motor vehicle while it is in motion.

Reference: Parker v. State, 424 P.2d 997 (Okl. Cr. 1967).

Elude - To avoid, escape from, or evade, as by cunning, daring or artifice.

Reference: The American Heritage Dictionary 425 (1969).

Great Bodily Injury - Bodily injury which (creates a substantial risk of death)/ (causes serious, permanent disfigurement)/(causes prolonged loss/impairment of the function of any bodily member/organ).

Reference: 47 O.S. 2001, § 11-904(B)(2). .

Impaired Ability - See OUJI-CR 6-24, .

Reference: 47 O.S. Supp. 2001, § 756. .

Intoxicating Substance -- [You are instructed that [Specify Controlled Dangerous Substance listed in 63 O.S. Supp. 2001, § 2-101 et seq.] is an intoxicating substance.]

[You are instructed that an intoxicating substance is any substance, other than alcohol, which is capable of being ingested/inhaled/injected/absorbed into the human body and is capable of adversely affecting (the central nervous system)/ vision/hearing/(any sensory/motor functions).]

Reference: 47 O.S. Supp. 2001, § 1-140.1.

Notes on Use

The first paragraph should be used if the intoxicating substance is a controlled dangerous substance, and the second paragraph should be used for any other intoxicating substance.

Motor Vehicle - Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. Unless a title or registration has been issued, vehicles moved solely by animal power, implements of husbandry, special mobilized machinery, or self-propelled wheel chairs or tricycles for invalids are also excluded.

Reference: 47 O.S. 2001, §§ 1-186, 4-101.

Public Parking Lot - A parking lot on a right-of-way that is (dedicated to public use)/(owned by the State of Oklahoma or a political subdivision of the State of Oklahoma).

References: 47 O.S. 2001, § 1-142. Houston v. State, 1980 OK CR 63, ¶ 5, 615 P.2d 305, 306; cf. Justus v. State ex rel. Dept. of Public Safety, 2002 OK 46, ¶¶ 7-8, 61 P.3d 888, 890. 

Peace Officer - Any sheriff, policeman, or any other law enforcement officer whose duity it is to enforce and preserve the public peace.

Reference: 21 O.S. Supp. 2001, § 99.

Property - Property includes:

(a) Real Property - Every estate, interest, and right in lands, including structures or objects permanently attached to the land;

(b) Personal Property - Money, goods, chattels, effects, evidences of rights in action, and written instruments effecting a monetary obligation or right or title to property.

References: 21 O.S. 2001, §§ 102, 103, 104.

Under the Influence - Condition in which alcohol/(an intoxicating substance)/(a combination of alcohol and another/other intoxicating substance(s)) has/have so far affected the nervous system, brain, or muscles of the driver as to hinder, to an appreciable degree, his/her ability to operate a motor vehicle in a manner that an ordinary prudent and cautious person, if in full possession of his/her faculties, using reasonable care, would operate or drive under like conditions.

References: Stanfield v. State, 1978 OK CR 34, 576 P.2d 772; 47 O.S. Supp. 2001, § 11-902.

(2003 Supp.)