WPIC 94.03 Attempt to Elude—Inference

In former editions, this instruction addressed an inference for establishing that the defendant drove “in a manner indicating wanton or willful disregard for the lives or property of others,” which used to be one of the elements for attempting to elude a police vehicle. The instruction was based on State v. Sherman, 98 Wn.2d 53, 653 P.2d 612 (1982).

In 2003, a statutory amendment removed the “wanton or willful disregard” language from the crime's definition. See Laws 2003, Chapter 101, § 1 (effective July 27, 2003); RCW 46.61.024. Accordingly, the Sherman instruction no longer relates to any of the elements in attempting to elude.

This instruction should not be used for any attempting to elude case that arises on or after July 27, 2003. For cases before that date, the Sherman instruction may still be used. See WPIC 94.03 in earlier editions of this volume.