Experienced defense for negligent driving charges in Vancouver, WA and Clark County. Often a reduced alternative to DUI, but still a charge that requires skilled legal representation.
Free Case EvaluationThe negligent driving statutes in Washington are intricate and frequently misunderstood. Understanding the differences between the degrees of negligent driving, and how they relate to DUI charges, is essential for anyone facing these charges.
| Charge | Classification | Maximum Penalty |
|---|---|---|
| Negligent Driving 1st Degree | Misdemeanor (criminal) | 90 days jail, $1,000 fine |
| Negligent Driving 2nd Degree | Traffic infraction (non-criminal) | $250 fine plus costs |
First-degree negligent driving is a criminal offense under Washington law. Two essential elements must be established: (1) operating a motor vehicle negligently in a manner that endangered or could endanger persons or property, and (2) exhibiting the effects of alcohol or illegal drug consumption.
"Exhibiting effects of alcohol" means odor of alcohol on breath or observable impairment through speech, appearance, manner, behavior, coordination, or similar indicators. The prosecution must show evidence of alcohol possession or recent consumption.
A person commits this offense while operating a vehicle negligently and "exhibiting effects of illegal drug consumption." Observable indicators include speech, behavior, manner, coordination, or appearance suggesting drug use. The prosecution must prove illegal drug possession or recent consumption. "Illegal drugs" refers to controlled substances or legend drugs without valid prescriptions or consumed improperly.
Second-degree negligent driving qualifies as a traffic infraction. Infractions impose only monetary penalties without incarceration possibilities, regardless of prior offense history. Defendants receive no jury trial right or public attorney provision. Insurance rate increases represent the primary concern.
"Negligent" means failing to exercise ordinary care and committing acts a reasonably careful person would not perform under identical circumstances. Negligence includes omitting actions a reasonable, careful person would take. Common allegations involve:
Washington charges sometimes stem from automobile accidents, though collisions are not required proof elements. "Negligence" differs from "reckless driving," which involves heightened risk to property or persons.
Negligent driving charges (first and second degree) frequently accompany DUI charges. Washington court rules typically permit these double charges without violating double jeopardy principles. First-degree negligent driving represents a common DUI plea bargain reduction, particularly when breath test results are relatively low and defendants have no priors.
Key Differences Between DUI and Negligent Driving 1st Degree
DUI convictions require mandatory jail sentences, but first-degree negligent driving convictions carry no mandatory minimums. DUI probation extends five years, whereas first-degree negligent driving probation cannot exceed two years. However, pleading guilty to first-degree negligent driving after initial DUI charges counts as an alcohol-related prior offense in subsequent DUI proceedings. Both DUI and first-degree negligent driving convictions can complicate Canadian entry.
Second-degree negligent driving carries no mandatory license suspension requirements. First-degree negligent driving similarly requires no automatic suspension. However, first-degree negligent driving convictions trigger ignition interlock device installation requirements for drivers with prior alcohol-related offenses.
The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call today at (360) 334-6277 to schedule a confidential consultation.
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