City of Yakima v. Godoy

¶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 *235liquor. 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 on the affirmative defense.

¶2 Unlike in State v. Votava, 149 Wn.2d 178, 183, 66 P.3d 1050 (2003), there is no evidence that Mr. Mendoza Godoy…