SPEEDING - ELEMENTS
No person may be convicted of speeding unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, a motor vehicle;
Third, (in violation of lawful speed limits)/(in a manner that [failed to attain]/exceeded the speed that a careful and prudent person would have considered reasonable and proper having due regard for the traffic, surface, and width of the highway, and other conditions)/(in a manner that exceeded the speed that a careful and prudent person would have considered reasonable and proper in order to stop within the assured clear distance ahead).
Statutory Authority: 47 O.S. 1991, §§ 11-801, 11-807.
Section 11-807 creates a misdemeanor crime when the conditions of section 11-801, relating to speed limits, are violated. The third element sets forth the possible violations of section 11-801 in the same language used in the fourth element of the reckless-driving instruction. The Commission has stated the violations of section 11-801, rather than using the statutory language of section 11-807, in order to avoid the necessity for a separate definitional instruction for the violations of section 11-801.
Although both sections 11-807 and 11-901 refer to violations of section 11-801, the crime of speeding is distinguishable from the crime of reckless driving. To convict for the crime of speeding, it is necessary to prove only that the defendant was in violation of the conditions of section 11-801. Nothing more needs to be proved by the prosecutor. It should be recalled that, for the crime of reckless driving, in addition to the violations of section 11-801, it is necessary to prove that the defendant drove in a "careless or wanton manner." Hence, the crime of reckless driving requires more blameworthy conduct by the defendant than does the crime of speeding.
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