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WPIC97.03Hit and Run—Attended Vehicle—Definition

11A WAPRAC WPIC 97.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 97.03 (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 97. Hit and Run
WPIC 97.03 Hit and Run—Attended Vehicle—Definition
A person commits the crime of hit and run when he or she is the driver of a vehicle, and is knowingly involved in an accident resulting in damage to any vehicle that is driven or attended by any person, and fails to carry out his or her obligation to fulfill all of the following duties:
(1) As soon as possible, the defendant shall move his or her vehicle off the [[roadway] [freeway] [main lanes] [shoulders] [medians] and adjacent areas] to a [location on [an exit ramp shoulder] [the frontage road] [the nearest suitable cross street]] [or] [other] [suitable location];
(2) The defendant shall remain at the suitable location until he or she has fulfilled the following requirements:
[(3)] [(a)] [Give his or her name, address, insurance company, insurance policy number, and vehicle license number, and exhibit his or her driver's license to any person struck or injured or the driver or any occupant of, or any person attending any such vehicle collided with;] [or]
[(b)] [If the driver or occupant of the struck vehicle nor any person attending the struck vehicle is in a condition to receive the information required, the defendant shall immediately report the accident to the nearest office of the police, give [his] [her] name, address, insurance company, insurance policy number, and vehicle license number, and exhibit his or her driver's license, after fulfilling all other obligations insofar as possible on his or her part to be performed;]
and
(4) Render to any person injured in the accident reasonable assistance, including the carrying or making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf.
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense 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).
Use this instruction for hit and run cases resulting in damage to another vehicle that is being driven or attended by another person and that does not cause death or injury.
In element (3), two alternative paragraphs are set forth, reflecting the two alternative duties found in RCW 46.52.020(3) (the primary duty, which is to provide information at the scene of the accident) and 46.52.020(7) (the alternative duty, which is to report the accident if other participants at the scene are not in a condition to receive the information). Use the first paragraph when RCW 46.52.020(3) applies. Use the second paragraph when RCW 46.52.020(7) applies. When there is a factual dispute as to which of the two duties applies to a particular case, then modify the instruction in order to incorporate both paragraphs and to specify the circumstances under which each applies.
COMMENT
RCW 46.52.020. In element (3)(b), the committee substituted the word “immediately” for the statutory word “forthwith.” The committee concluded that the word “immediately” makes the instruction more understandable without deviating from the substance of the statute.
For a discussion of issues related to hit and run, including the instruction's knowledge requirement, see the Comment to WPIC 97.02 (Hit and Run—Injury or Death—Elements).
[Current as of December 2015.]
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