State Of Washington v. Eliud Wambugu

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, ) No. 80226-7-I ) Respondent, ) DIVISION ONE ) v. ) UNPUBLISHED OPINION ) ELIUD M. WAMBUGU, ) ) Appellant. ) ) HAZELRIGG, J. — Eliud Wambugu seeks reversal of his gross misdemeanor conviction for driving under the influence (DUI). He contends that he was entitled to a jury instruction on the safely off the roadway defense to the lesser included offense of physical control of a vehicle while under the influence. Because the record contained sufficient evidence to support an instruction for the safely off the roadway…