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WPIC 97.04 Hit and Run—Attended Vehicle—Elements

11A WAPRAC WPIC 97.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 97.04 (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 97. Hit and Run
WPIC 97.04 Hit and Run—Attended Vehicle—Elements
To convict the defendant of the crime of hit and run, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant was the driver of a vehicle;
(2) That the defendant's vehicle was involved in an accident resulting in damage to another vehicle driven or attended by another person;
(3) That the defendant knew that [he] [she] had been involved in an accident;
(4) That the defendant failed to satisfy [his] [her] obligation to fulfill all of the following duties:
(a) 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].
(b) The defendant shall remain at the suitable location until he or she has fulfilled the following requirements:
[(i)] [Give [his] [her] name, address, insurance company, insurance policy number, and vehicle license number, and exhibit [his] [her] driver's license, to [any person struck or injured] [or] [the driver or any occupant of, or any person attending, any vehicle collided with];] [or]
[(ii)] [[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] [her] driver's license, after fulfilling all other obligations insofar as possible on [his] [her] part to be performed;]
(c) 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 such carrying is requested by the injured person or on [his] [her] behalf; and
(5) That any of these acts 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 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.
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 (4)(b), 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.
In element (5), select from the bracketed alternatives depending on whether the case is filed in superior, municipal, or district court. See WPIC 4.20 (Introduction). For a discussion of the phrase “any of these acts” in element (5), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
RCW 46.52.020. In element (4)(b)(ii), the WPI Committee substituted the word “immediately” for the statutory word “forthwith.” The WPI 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 March 2020.]
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