WPIC 99.06.01 Circumventing an Ignition Interlock Device—Assisting Restricted Driver—Elements
11A WAPRAC WPIC 99.06.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 99.06.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 99. Ignition Interlock
WPIC 99.06.01 Circumventing an Ignition Interlock Device—Assisting Restricted Driver—Elements
To convict the defendant of the crime of circumventing an ignition interlock device, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date);
(2) The defendant knowingly assisted another person who was restricted to the use of a vehicle equipped with an ignition interlock device [to circumvent the device] [to start and operate that vehicle]; and
(3) That [this] [any of these] act[s] occurred in the [State of Washington] [City of ] [County of ].
If you find from the evidence that elements (1), (2), and (3) have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
For an incident occurring after September 26, 2015, use this instruction when the defendant is charged with assisting the restricted driver in circumventing an ignition interlock device. Use the bracketed language within each paragraph as applicable.
Use WPIC 99.06 (Circumventing an Ignition Interlock Device—Restricted Driver—Elements) if the defendant is the restricted driver and is charged under RCW 46.20.750(1).
For directions on using bracketed phrases, see WPIC 4.20 (Introduction). Select among the bracketed phrases depending on the crime charged.
COMMENT
RCW 46.20.750(2).
RCW 46.20.750 was amended in 2015 to create two separate crimes. Subsection (1) is applicable when the defendant is the restricted driver. Subsection (2) applies when the defendant is a person who assists a restricted driver. Laws of 2015, 2d Spec. Sess., Chapter 3, § 6 (effective September 26, 2015). Use this instruction for crimes occurring on or after September 26, 2015.
The statute, RCW 46.20.750(2), sets out an exclusion from liability for people engaged in the repair of a car or an ignition interlock device. If this provision is applicable in a case, the instruction will need to be modified.
Use WPIC 99.06 (Circumventing an Ignition Interlock Device—Restricted Driver—Elements) if the defendant is the restricted driver and is charged under RCW 46.20.750(1).
See general discussion in Comment to WPIC 99.06 (Circumventing an Ignition Interlock Device—Restricted Driver—Elements).
[Current as of March 2020.]
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