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WPIC 90.01 Vehicular Homicide—Definition

11A WAPRAC WPIC 90.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 90.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 90. Vehicular Homicide
WPIC 90.01 Vehicular Homicide—Definition
A person commits the crime of vehicular homicide when he or she drives or operates a motor vehicle [while under the influence of [intoxicating liquor] [or] [any drug]] [or] [in a reckless manner] [or] [with disregard for the safety of others] and thereby proximately causes the death of any person within three years of such vehicle driving or operation.
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).
Use bracketed material as applicable. For directions on the various ways to use the bracketed phrases, see WPIC 4.20 (Introduction).
With this instruction, use WPIC 90.07 (Vehicular Homicide and Assault—Proximate Cause—Definition). Also use as applicable, WPIC 90.05 (Reckless Manner—Disregard for Safety of Others—Ordinary Negligence Distinguished) and WPIC 90.06 (Vehicular Homicide and Assault—Under the Influence or Affected By—Definition). Use WPIC 98.01 (Traffic Cases—Vehicle—Definition) if it is necessary to define the term “vehicle.” Use WPIC 98.03 (Traffic Cases—Drug—Definition) if it is necessary to define the term “drug.”
RCW 46.61.520.
As to marijuana, Laws of 2013, Chapter 3, section 33 (Initiative 502 (effective December 6, 2012)) amended RCW 46.61.502, however, it did not amend RCW 46.61.520.
See the Comment to WPIC 90.02 (Vehicular Homicide—Elements).
[Current as of April 2020.]
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