WPIC 99.06 Circumventing an Ignition Interlock Device—Restricted Driver—Elements
11A WAPRAC WPIC 99.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 99.06 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 99. Ignition Interlock
WPIC 99.06 Circumventing an Ignition Interlock Device—Restricted Driver—Elements
To convict the defendant of the crime of circumventing an ignition interlock device, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date);
(2) The defendant was restricted to the use of a vehicle equipped with an ignition interlock device, and the defendant
[(a)] [tampered with the device by [modifying] [detaching] [disconnecting] [or] [otherwise disabling] the ignition interlock device to allow the restricted driver to operate the vehicle;] [or]
[(b)] [[used] [or] [requested another person to use] [a filter] [or] [other device] [to circumvent the ignition interlock] [or] [[to start] [or] [to operate the vehicle] to allow the restricted driver to operate the vehicle;] [or]
[(c)] [[had] [directed] [authorized] [or] [requested] another person [to] tamper with the device by [modifying] [detaching] [disconnecting] [or] [otherwise disabling] it to allow the restricted driver to operate the vehicle;] [or]
[(d)] [[had] [allowed] [directed] [authorized] [or] [requested] another person [to] blow or otherwise exhale into the device in order to circumvent the device to allow the restricted driver to operate the vehicle;]
and
(3) That [this] any of these acts occurred in the [State of Washington] [City of ] [County of ].
If you find from the evidence that elements (1) and (3) and either of the alternative elements (2)(a) [or] [(2)(b)] [or] [(2)(c)] [or] [(2)(d)] have 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 this instruction for circumventing an ignition interlock driver's license when the defendant is the restricted driver and the incident occurred after September 26, 2015. Use the bracketed language within each paragraph as applicable.
Use WPIC 99.06.01 (Circumventing an Ignition Interlock Device—Assisting Restricted Driver—Elements) if the defendant is charged under RCW 46.20.750(2) with assisting the restricted driver in circumventing the ignition interlock device.
For directions on using bracketed phrases, see WPIC 4.20 (Introduction). Select among the bracketed phrases depending on the crime charged.
COMMENT
RCW 46.20.750(1).
RCW 46.20.750 was amended in 2015 to create two separate crimes. Subsection (1) is applicable when the defendant is the restricted driver. Subsection (2) applies when the defendant is a person who assists a restricted driver. Laws of 2015, 2d Spec. Sess., Chapter 3, § 6 (effective September 26, 2015). Use this instruction for crimes occurring on or after September 26, 2015.
For cases occurring after September 26, 2015, use WPIC 99.07 (Circumventing an Ignition Interlock Device—Assisting Restricted Driver—Elements) when the defendant is a person who assists the restricted driver.
[Current as of March 2020.]
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