WPIC 93.03 Driving While License Suspended or Revoked—Second Degree—Definition
11A WAPRAC WPIC 93.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 93.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 93. Driving While License Suspended or Revoked
WPIC 93.03 Driving While License Suspended or Revoked—Second Degree—Definition
A person commits the crime of driving while license suspended or revoked in the second degree when he or she drives a motor vehicle while an order is in effect that suspends or revokes his or her driver's license or driving privileges by reason of
[a conviction of a felony in the commission of which a motor vehicle was used] [or]
[a previous conviction for violating RCW 46.20.342 [, relating to driving while license suspended or revoked in the second degree]] [or]
[a notice received by the Department of Licensing from a court or diversion unit as provided by RCW 46.20.265 [, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances]] [or]
[a conviction for violating RCW 46.20.410 [, relating to the violation of restrictions of [an occupational driver's license] [a temporary restricted driver's license] [or] [an ignition interlock driver's license]]] [or]
[a conviction for violating RCW 46.20.345 [, relating to the operation of a motor vehicle with a suspended or revoked license]] [or]
[a conviction for violating RCW 46.52.020 [, relating to duty in case of injury to or death of a person or damage to an attended vehicle]] [or]
[a conviction for violating RCW 46.61.024 [, relating to attempting to elude pursuing police vehicles]] [or]
[a conviction for violating RCW 46.61.212(4) [, relating to reckless endangerment of emergency zone workers]] [or]
[a conviction for violating RCW 46.61.500 [, relating to reckless driving]] [or]
[a conviction for violating RCW 46.61.502 or 46.61.504 [, relating to a person [driving] [being in actual physical control] while under the influence of intoxicating liquor or drugs]] [or]
[a conviction for violating RCW 46.61.520 [, relating to vehicular homicide]] [or]
[a conviction for violating RCW 46.61.522 [, relating to vehicular assault]] [or]
[a conviction for violating RCW 46.61.527(4) [, relating to reckless endangerment of roadway workers]] [or]
[a conviction for violating RCW 46.61.530 [, relating to racing of vehicles on highways]] [or]
[a conviction for violating RCW 46.61.685 [, relating to leaving children in an unattended vehicle with motor running]] [or]
[a conviction for violating RCW 46.61.740 [, relating to theft of motor vehicle fuel]] [or]
[a conviction for violating RCW 46.64.048 [, relating to attempting, aiding, abetting, coercing, and committing crimes]] [or]
[an administrative action taken by the Department of Licensing under RCW Chapter 46.20] [or]
[a conviction for violating (insert particular local law, ordinance, regulation, resolution; see Note on Use) [, relating to (insert brief description of offense)]] [or]
[a finding that a person has committed a traffic infraction under RCW 46.61.526 [relating to negligent driving second degree, vulnerable user victim] and suspension of driving privileges pursuant to RCW 46.61.526(4)(b) or (7)(a)(ii)] [and]
while he or she is not eligible to reinstate his or her driver's license or driving privileges.
NOTE ON USE
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 this instruction with WPIC 93.04 (Driving While License Suspended or Revoked—Second Degree—Elements). See the Note on Use to that instruction for a discussion of the use of the statutory citations in the instruction above and for additional explanation as to using the bracketed alternative about local laws and ordinances.
Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
COMMENT
RCW 46.20.342(1)(b).
RCW 46.20.342(1)(b) has been frequently amended (2004, 2008, 2010, and 2011) to include violations of license restrictions and additional crimes. In 2010, the Legislature expanded the crime to include reckless endangerment of emergency zone workers. Laws of 2010, Chapter 252, § 6 (effective January 1, 2011). In 2011, the Legislature expanded the crime to include suspension relating to the committed infraction, negligent driving 2, vulnerable victim. Laws of 2011, Chapter 372, § 2 (effective July 1, 2012).
For a discussion of issues relating to this instruction, see the Comment to WPIC 93.04 (Driving While License Suspended or Revoked—Second Degree—Elements). See also the Comment to WPIC 93.02 (Driving While License Revoked—First Degree—Elements) concerning due process requirements as to notice, statutory requirements for validity, and the phrase “in effect.” See also the Comment to WPIC 93.07 (Driving While License Suspended or Revoked—Third Degree—Elements) concerning due process requirements for an administrative hearing.
[Current as of February 2020.]
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