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WPIC 95.03 Excessive Speed—Inference of Reckless Driving

11A WAPRAC WPIC 95.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 95.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
April 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 95. Reckless Driving
WPIC 95.03 Excessive Speed—Inference of Reckless Driving
(WITHDRAWN)
COMMENT
This instruction previously addressed the permissible inference of driving in a reckless manner based on excessive speed in RCW 46.61.465. The instruction is withdrawn from WPIC Chapter 95 based on the holding of State v. Roggenkamp, 153 Wn.2d 614, 106 P.3d 196 (2005).
Under prior appellate decisions, it was thought that reckless driving (willful or wanton disregard) was the same as driving in a reckless manner. However, in 2005 the Washington State Supreme Court definitively held that driving in a “reckless manner” means driving in a “rash or heedless manner, indifferent to the consequences,” and not “driving with a willful or wanton disregard for the safety of persons or property” as defined by reckless driving in RCW 46.61.500. State v. Roggenkamp, 153 Wn.2d 614, 106 P.3d 196 (2005). Because of this clear change in the law, the permissive inference contained in this former instruction is no longer applicable to reckless driving.
For further discussion of this inference for an offense that includes an element of driving in a reckless manner, see WPIC 94.04 (Excessive Speed—Inference of Driving in a Reckless Manner) (discussing a formerly available inference for the offense of attempting to elude). The inference is potentially applicable to vehicular homicide, vehicular assault, and attempting to elude a police vehicle, each of which can be charged with an element of driving in a reckless manner. See WPIC 90.02 (Vehicular Homicide—Elements), WPIC 91.02 (Vehicular Assault—Elements), and WPIC 94.02 (Attempting to Elude a Police Vehicle—Elements). Caution should always be used whenever instructing a jury on a permissive inference. See WPIC 6.25 (Presumed to Intend Natural Consequences).
[Current as of February 2020.]
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