WPIC 190.15 Special Verdict Form—Impaired Driving—Minor Child in Vehicle
11A WAPRAC WPIC 190.15Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 190.15 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XV. Verdict Forms
WPIC CHAPTER 190. Special Verdict Forms
WPIC 190.15 Special Verdict Form—Impaired Driving—Minor Child in Vehicle
(Insert case caption.)
(This special verdict is to be answered only if the jury finds the defendant guilty of [vehicular [homicide] [assault] committed while under the influence of intoxicating liquor or any drug] [[felony] [driving] [physical control] under the influence] [as charged in Count ].)
We, the jury, return a special verdict by answering as follows:
QUESTION: Was any occupant of the defendant's vehicle a child passenger under the age of sixteen?
ANSWER: (Write “yes” or “no”)
[QUESTION: How many child passengers were under the age of sixteen in the defendant's vehicle?
ANSWER: (Write the number here)]
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| Presiding Juror |
NOTE ON USE
Use this special verdict when the defendant is charged with vehicular homicide (DUI means), vehicular assault (DUI means), felony DUI, or felony physical control, and when the State seeks to enhance the penalty due to minor children in the defendant's vehicle. Do not use this special verdict for vehicular homicide or vehicular assault committed by other means. If more than one alternative means of committing these crimes is alleged, use WPIC 90.03 (Special Verdict Form—Vehicular Homicide and Assault). Use the bracketed second question in the special verdict if there are multiple children in the defendant's vehicle and there is a question of age. The practitioner may need to revise the special verdict question to ensure juror unanimity.
Use WPIC 92.03 (Special Verdict Form—Driving or Being in Physical Control While Under the Influence—Sentencing) if the defendant is charged with a gross misdemeanor involving a minor child in vehicle.
Use this instruction with WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements).
COMMENT
RCW 9.94A.533(13).
In 2012, the Legislature amended RCW 9.94A.533, creating a new penalty enhancement for each child under sixteen who is an occupant in the defendant's vehicle at the time of a vehicular homicide (DUI means), vehicular assault (DUI means), felony DUI, or felony physical control. This amendment does not apply to vehicular homicide or vehicular assault when committed in a reckless manner or with a disregard for the safety of others.
The jury need only answer this special verdict when they are unanimous that vehicular homicide or vehicular assault under the influence alternative means has been proven.
[Current as of January 2019.]
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