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WPIC95.04Reckless Driving—Racing—Definition

11A WAPRAC WPIC 95.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 95.04 (4th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
October 2016 Update
Washington State Supreme Court Committee on Jury Instructions
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 95. Reckless Driving
WPIC 95.04 Reckless Driving—Racing—Definition
Racing is willfully comparing or contesting relative speeds by operation of one or more motor vehicles, whether or not the speed is in excess of the maximum speed prescribed by law. [Any comparison or contest of the accuracy with which motor vehicles may be operated in terms of relative speeds not in excess of the posted maximum speed does not constitute racing.]
NOTE ON USE
Use this instruction with WPIC 95.02 (Reckless Driving—Elements) if it is alleged that the offense was committed by means of racing.
The bracketed sentence applies only in rare cases. See the Comment below.
COMMENT
RCW 46.61.530.
The pattern instruction's bracketed sentence is based on proviso language in the statute. This proviso should apply only rarely, such as for road rallies in which the contestants attempt to match a designated average speed over a set course rather than attempt to drive the course quickly.
[Current as of December 2015.]
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