Chapter 6.15
VEHICLES1

Sections:

6.15.010    Driving under the influence.

6.15.020    Vehicular assault, nonfelony.

6.15.030    Hit and run, pedestrian.

6.15.010 Driving under the influence.

The following state statutes are adopted by reference:

RCW

46.61.500    Reckless driving – Penalty.

46.61.502    Driving under the influence.

46.61.503    Driver under twenty-one consuming alcohol – Penalties.

46.61.504    Physical control of vehicle under the influence.

46.61.5054    Alcohol violators – Additional fee – Distributions.

46.61.5055    Alcohol violators – Penalty schedule.

46.61.5056    Alcohol violators – Information school – Evaluation and treatment.

46.61.50571    Alcohol violators – Mandatory appearances.

46.61.5058    Alcohol violators – Vehicle seizure and forfeiture.

46.61.506    Persons under influence of intoxicating liquor or drug – Evidence – Tests – Information concerning tests.

46.61.513    Criminal history and driving record.

46.61.5151    Sentences – Intermittent fulfillment – Restrictions.

46.61.5152    Attendance at program focusing on victims.

46.61.517    Refusal of alcohol test – Admissibility as evidence.

46.61.519    Alcoholic beverages – Drinking or open container in vehicle on highway – Exceptions.

46.61.5195    Disguising alcoholic beverage container.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 01-391, § 4, 6-19-01. Code 2001 § 15-31.)

6.15.020 Vehicular assault, nonfelony.

(1) A person is guilty of vehicular assault, nonfelony, when he or she (a) knowingly operates or knowingly is in actual physical control of a vehicle; and (b) while doing so commits any act defined as an infraction under FWRC Title 8 or RCW Title 46; and (c) such conduct is a proximate cause of death, great bodily harm or substantial bodily harm to another. As used in this section, “great bodily harm” and “substantial bodily harm” have the same meanings as in RCW 9A.04.110 and “vehicle” has the same meaning as in RCW 46.04.670, as those statutes now exist or may hereafter be amended. This section is intended to protect the public welfare. No mens rea element that is not specifically stated in this section shall be inferred or required. Prosecution or punishment under this section shall not preclude separate prosecution or punishment for any other crime.

(2) Any person who violates the provisions of this section is guilty of a gross misdemeanor.

(Ord. No. 11-704, § 1, 10-4-11; Ord. No. 06-518, § 3, 3-7-06. Code 2001 § 15-260.)

6.15.030 Hit and run, pedestrian.

(1) The driver of any vehicle involved in an accident with a pedestrian, whether or not apparent injury occurs, shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then immediately return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (2) of this section; every such stop shall be made without obstructing traffic more than is necessary. For the purpose of this section, “pedestrian” shall be defined as “any person who is afoot or who is using a wheelchair, a power wheelchair, or a means of conveyance propelled by human power other than a bicycle” as defined under RCW 46.04.400.

(2) Unless otherwise provided in subsections (3) or (4) of this section, the driver of any vehicle involved in an accident with a pedestrian shall give his or her name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his or her vehicle driver’s license to any person struck or injured and shall render to any person injured in such accident reasonable assistance, including the carrying or the 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. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.

(3) If none of the persons specified are in a condition to receive the information to which they otherwise would be entitled under subsection (2) of this section, and no police officer is present, the driver of any vehicle involved in such accident, after fulfilling all other requirements of subsections (1) and (2) of this section insofar as possible, shall immediately report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (2) of this section.

(4) This section shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying with this section.

(5) Any person who violates the provisions of this section is guilty of a gross misdemeanor and, upon conviction, shall be imprisoned for up to one year and be subject to fines of no more than $5,000.

(Ord. No. 06-518, § 3, 3-7-06. Code 2001 § 15-261.)


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Cross reference: Traffic and vehicles, FWRC Title 8.