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WPIC 95.02 Reckless Driving—Elements

11A WAPRAC WPIC 95.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 95.02 (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 95. Reckless Driving
WPIC 95.02 Reckless Driving—Elements
To convict the defendant of reckless driving, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant drove a [motor] vehicle;
(2) That the defendant [drove the vehicle in willful or wanton disregard for the safety of persons or property] [or] [raced the motor vehicle upon a public highway]; and
(3) That this act occurred in the [State of Washington] [City of ] [County of ].
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if after weighing all of the evidence you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Do not use this instruction for cases involving vehicular homicide, vehicular assault, or attempting to elude a police vehicle. See the Comment below.
In element (1), use the bracketed word “motor” if the charge is reckless driving with racing under RCW 46.61.530. Do not use the bracketed word if the charge is reckless driving under RCW 46.61.500.
If the first bracketed phrase in element (2) is used, then use WPIC 95.10 (Willful—Wanton—Definition—Reckless Driving) with this instruction. If the second bracketed phrase in element (2) is used, then use WPIC 95.04 (Racing—Definition) with this instruction. Use WPIC 95.05 (Embracing—Inference of Reckless Driving) as applicable, with this instruction.
In element (2), if both of the bracketed alternatives are being used, then consideration should be given as to whether these constitute alternative elements requiring separate jury unanimity. See the general discussion of alternative elements in WPIC 4.20 (Introduction) and the Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form).
Use the bracketed phrases in element (3) depending on whether the case is in superior, district, or municipal court. See WPIC 4.20 (Introduction). For a discussion of the phrase “this act” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
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).
COMMENT
RCW 46.61.500; RCW 46.61.005; RCW 46.61.530.
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).
RCW 46.61.005 provides that the reckless driving statute generally applies to driving on private property as well as on public highways. However, RCW 46.61.530 and RCW 46.61.665 specifically provide that the prohibitions against racing and against embracing another while driving apply only on public highways.
Reckless driving is no longer a lesser included offense of attempting to elude a police vehicle. State v. Roggenkamp, 153 Wn.2d 614, 106 P.3d 196 (2005). Second degree negligent driving, which is a traffic infraction, is not a lesser included offense of reckless driving. State v. Farr-Lenzini, 93 Wn.App. 453, 466–68, 970 P.2d 313 (1999).
Care should be taken to define all elements that are in controversy. See RCW 46.04.197 for a definition of “highway,” RCW 46.04.320 for a definition of “motor vehicle,” and RCW 46.04.670 for a definition of “vehicle.”
[Current as of February 2020.]
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