WPIC 96.10 Negligent Driving—First Degree—Exhibiting the Effects of Having Consumed Liquor—Defi...
11A WAPRAC WPIC 96.10Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 96.10 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 96. Negligent Driving
WPIC 96.10 Negligent Driving—First Degree—Exhibiting the Effects of Having Consumed Liquor—Definition
[“Exhibiting the effects of having consumed [liquor] [marijuana] [or] [any drug]” means that a person has the odor of [liquor] [marijuana] [or] [any drug] on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination or otherwise exhibits that he or she has consumed [liquor] [marijuana] [or] [any drug], and either:
[[(a)] is in possession of or is in close proximity to a container that has or recently had [liquor] [marijuana] [or] [any drug] in it;] [or]
[[(b)] is shown by other evidence to have recently consumed [liquor] [marijuana] [or] [any drug]].]
[“Exhibiting the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects” means that a person by speech, manner, appearance, behavior, or lack of coordination or otherwise exhibits that he or she has inhaled or ingested a chemical and either:
[[(a)] is in possession of the canister or container from which the chemical came;] [or]
[[(b)] is shown by other evidence to have recently inhaled or ingested a chemical for its intoxicating or hallucinatory effects].]
NOTE ON USE
Use this instruction and bracketed paragraphs, as applicable, with WPIC 96.02 (Negligent Driving—First Degree—Elements). Use WPIC 98.03 (Traffic Cases—Drug—Definition) if it is necessary to define the term “drug.”
COMMENT
RCW 46.61.5249(2)(b) and (c).
[Current as of February 2020.]
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