WPIC 93.08 Driving While License Suspended or Revoked—Third Degree—Special Verdict Form
11A WAPRAC WPIC 93.08Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 93.08 (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 93.08 Driving While License Suspended or Revoked—Third 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 third 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 while his or her driver's license or driving privilege was suspended or revoked because (insert the bracketed material from one of the alternative components of element (2) in WPIC 93.07)?
ANSWER: (Write “yes,” “no,” or “not unanimous”)]
[QUESTION 2: Did the defendant drive a motor vehicle while his or her driver's license or driving privilege was suspended or revoked by reason of (insert the bracketed material from one of the alternative components of element (2) in WPIC 93.07.01) and at the time of the driving the defendant was eligible to reinstate [his] [her] driver's license or driving privileges?
ANSWER: (Write “yes,” “no,” or “not unanimous”)]
(Direction: Sign this verdict form and notify the bailiff.)
| DATE: | |
| Presiding Juror |
NOTE ON USE
This special verdict form may be used to clarify the jury's verdict if the to-convict instruction for third degree driving while license suspended or revoked uses more than one alternative means. See WPIC 93.07 (Driving While License Suspended or Revoked—Third Degree—Administrative Suspension—Elements) or WPIC 93.07.01 (Driving While License Suspended or Revoked—Third Degree—Conviction—Elements).
A separate question should be asked for each alternative element submitted to the jury in WPIC 93.07 (Driving While License Suspended or Revoked—Third Degree—Administrative Suspension—Elements) or WPIC 93.07.01 (Driving While License Suspended or Revoked—Third Degree—Conviction—Elements). Select between the formats set forth in Questions 1 and 2 above depending on whether the to-convict instruction being used is WPIC 93.07 (Driving While License Suspended or Revoked—Third Degree—Administrative Suspension—Elements) or WPIC 93.07.01 (Driving While License Suspended or Revoked—Third Degree—Conviction—Elements).
Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
COMMENT
RCW 46.20.342(1).
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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