WPIC 95.01 Reckless Driving—Definition

Use this instruction if it will help the jury understand the offense of reckless driving 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).

Do not use this instruction for cases involving vehicular homicide, vehicular assault, or attempting to elude a police vehicle. See the Comment below.

Use bracketed material as applicable. If the first bracketed phrase is used, use WPIC 95.10 (Willful—Wanton—Definition—Reckless Driving) with this instruction. If the second bracketed phrase is used, use WPIC 95.04 (Racing—Definition) with this instruction. Use WPIC 95.05 (Embracing—Inference of Reckless Driving) as applicable with this instruction.

RCW 46.61.500.

See the Comment to WPIC 95.02 (Reckless Driving—Elements).

This instruction does not apply to cases of vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), or attempting to elude a police vehicle (RCW 46.61.024). The “willful or wanton disregard for the safety of person or property” language used in the reckless driving statute does not define the phrase “in a reckless manner” as that phrase is used in the vehicular homicide and vehicular assault statutes. State v. Roggenkamp, 153 Wn.2d 614, 618, 106 P.3d 196 (2005). The term “in a reckless manner” as used in the vehicular homicide and vehicular assault statutes means “driving in a rash or heedless manner, indifferent to the consequences.” State v. Roggenkamp, 153 Wn.2d at 631.