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WPIC 93.06 Driving While License Suspended or Revoked—Third Degree—Definition

11A WAPRAC WPIC 93.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 93.06 (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 93.06 Driving While License Suspended or Revoked—Third Degree—Definition
Explanatory note: This instruction has been separated into two parts, each within its own set of brackets. See the Note on Use below.
[A person commits the crime of driving while license suspended or revoked in the third degree when he or she drives a motor vehicle while his or her driver's license or driving privilege is suspended or revoked because
[the person failed to furnish proof of satisfactory progress in a required alcoholism or drug treatment program] [or]
[the person failed to furnish proof of financial responsibility for the future as provided by RCW Chapter 46.29] [or]
[the person failed to comply with the provisions of RCW Chapter 46.29 [, relating to uninsured accidents]] [or]
[the person failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289] [or]
[the person committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license] [or]
[the person received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 [, relating to intermediate drivers' licenses]] [or]
[the person has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in RCW 74.20A.320].]
[A person commits the crime of driving while license suspended or revoked in the third degree when he or she drives a motor vehicle while his or her driver's license or driving privilege is suspended or revoked 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] [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]] [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 46.61.500 [, relating to reckless driving]] [or]
[a conviction of RCW 46.61.212(4) [, relating to reckless endangerment of emergency zone workers]] [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 and suspension of driving privileges pursuant to RCW 46.61.526(4)(b) or (7)(a)(ii) [relating to negligent driving second degree, vulnerable user victim]],
but, at the time of the alleged violation, he or she was eligible to reinstate his or her driver's license or driving privileges.]
NOTE ON USE
Use this instruction for cases alleged after July 1, 2005, 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).
The instruction is drafted in two separately bracketed parts because the elements of subsection (vi) of RCW 46.20.342(1)(c) differ from the elements of subsections (i) through (v) and (vii) through (viii). The first bracketed part of the instruction covers all the subsections other than (vi); the second part covers subsection (vi). For the first part, the applicable to-convict instruction is WPIC 93.07 (Driving While License Suspended or Revoked—Third Degree—Administrative Suspension—Elements); for the second part, the to-convict instruction is WPIC 93.07.01 (Driving While License Suspended or Revoked—Third Degree—Conviction—Elements).
For a discussion of the statutory citations in the instruction above and for further explanation as to the bracketed language relating to local laws and ordinances, see the Note on Use to WPIC 93.07 (Driving While License Suspended or Revoked—Third Degree—Administrative Suspension— Elements).
Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
If the facts on which jurisdiction is based are in dispute, a special verdict form may need to be submitted to the jury. See WPIC 4.20 (Introduction), and WPIC 190.10 (Special Verdict Form—Jurisdiction).
COMMENT
RCW 46.20.342(1)(c). This instruction was last revised in 2015 to reflect a legislative change that adds an additional basis for third degree license suspension (certified noncompliance with a child support order). See Laws of 2015, Chapter 149, § 1 (effective May 1, 2015).
For a discussion of issues related to this instruction, see the Comment to WPIC 93.07 (Driving While License Suspended or Revoked—Third Degree—Administrative Suspension—Elements). See also the Comment to WPIC 93.02 (Driving While License Revoked—First Degree—Elements) for discussions of due process requirements concerning notice, statutory requirements for validity, and the phrase “in effect.”
[Current as of February 2020.]
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