WPIC 97.06 Hit and Run—Unattended Vehicle—Elements
11A WAPRAC WPIC 97.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 97.06 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 97. Hit and Run
WPIC 97.06 Hit and Run—Unattended 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 collided with another vehicle that was unattended;
(3) That the defendant knew that [he] [she] had been involved in an accident;
(4) That the defendant failed to stop immediately and either then and there locate the operator or owner of the vehicle struck and give that person [his] [her] name and address [and the name and address of the owner of the vehicle [he] [she] was operating] or leave in a conspicuous place in the vehicle struck a written notice giving [his] [her] name and address [and the name and address of the owner of the vehicle [he] [she] was operating]; 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.
NOTE ON USE
Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
In element (5), select from among 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).
COMMENT
RCW 46.52.010(1).
Many of the issues arising under this statute also arise under the separate statute for hit and run driving that involves injury or death or involves attended vehicles, RCW 46.52.020. For a discussion of issues relating to corpus delicti, the knowledge requirement, and definitions of terms, see the Comment to WPIC 97.02 (Hit and Run—Injury or Death—Elements).
Under RCW 46.61.005 the hit and run statute applies to driving on private property as well as public highways.
[Current as of March 2020.]
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