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CITY OF YAKIMA v. GODOY

No. 30666-6-III.

305 P.3d 1100 (2013)

CITY OF YAKIMA, Respondent, v. Julio Mendoza GODOY, Petitioner.

Court of Appeals of Washington, Division 3.

Publication Ordered June 27, 2013.

Attorney(s) appearing for the Case

Dennis W. Morgan , Attorney at Law, Republic, WA, for Petitioner.

Jeffrey Allen Schaap , City of Yakima Legal Department, Yakima, WA, for Respondent.

KULIK, J.

¶ 1 Moving a vehicle safely off the roadway prior to police pursuit is an affirmative defense to physical control of a vehicle while under the influence of intoxicating liquor. RCW 46.61.504(2). Here, the trial court refused to instruct the jury on the affirmative defense because there was no evidence that an intoxicated Julio Mendoza Godoy moved the car that he controlled. This court granted discretionary review of the trial court's refusal to instruct...

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