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WPIC 93.05 Driving While License Suspended or Revoked—Second Degree—Special Verdict Form

11A WAPRAC WPIC 93.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 93.05 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part XI. Crimes Involving Operation of Motor Vehicles

WPIC CHAPTER 93. Driving While License Suspended or Revoked

WPIC 93.05 Driving While License Suspended or Revoked—Second Degree—Special Verdict Form

(Insert case caption.)

(This special verdict is to be answered only if the jury finds the defendant guilty of driving while license suspended or revoked in the second degree as charged in count [ ].)

We, the jury, return a special verdict by answering as follows:

QUESTION 1: Did the defendant drive a motor vehicle when an order was in effect that suspended or revoked the defendant's driver's license or driving privileges by reason of [(insert the selected material from element (3) in WPIC 93.04)]?

ANSWER: (Write “yes,” “no,” or “not unanimous”).

QUESTION 2: Did the defendant drive a motor vehicle when an order was in effect that suspended or revoked the defendant's driver's license or driving privileges by reason of [(insert the selected material from element (3) in WPIC 93.04)]?

ANSWER: (Write “yes,” “no,” or “not unanimous”).

(DIRECTION: Sign this verdict form and notify the bailiff.)

DATE:
	Presiding Juror

NOTE ON USE

For cases in which more than one alternative means is submitted to the jury, this special verdict form may be used to clarify the basis of the jury's verdict. Use this form with WPIC 93.04 (Driving While License Suspended or Revoked—Second Degree—Elements).

A separate question should be asked for each alternative element submitted to the jury from the bracketed material selected in element (3) from WPIC 93.04 (Driving While License Suspended or Revoked—Second Degree—Elements).

If the special verdict is used, then the concluding instruction will need to be modified as indicated in WPIC 164.00 (Concluding Instruction—Special Verdict—Elements with Alternatives).

COMMENT

RCW 46.20.342(1)(b).

For a general discussion of issues relating to alternative means, see the Comments to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form) and WPIC 190.09 (Special Verdict Forms—Elements with Alternatives).

[Current as of February 2020.]

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