Skilled defense against negligent driving 1st degree charges in Clark County. This misdemeanor carries significant penalties and requires experienced legal representation.
Free Case EvaluationThe laws on negligent driving are complex and can be difficult to understand. Negligent driving first degree is a misdemeanor with punishment of up to 90 days in jail and a $1,000 fine. Negligent driving second degree is an infraction with a $250 penalty plus other costs.
Negligent driving in the first degree is a criminal offense in Washington State. The elements require: (1) operating a motor vehicle negligently in a manner that endangers or is likely to endanger persons or property, and (2) exhibiting the effects of consuming alcohol or illegal drugs.
"Exhibiting the effects of alcohol" means odor of alcohol on breath, or indicators through speech, appearance, manner, behavior, lack of coordination, or other evidence showing alcohol consumption. The prosecution must show possession of alcohol or liquor, proximity to a recently-used container, or other evidence of recent consumption.
A person commits this offense by driving negligently while "exhibiting the effects of having consumed an illegal drug." This means speech, behavior, manner, lack of coordination, appearance, or other indicators showing drug consumption. Additional proof requires possession of illegal drugs or evidence of recent consumption. An "illegal drug" is a controlled substance or legend drug without a valid prescription or not consumed according to prescription instructions.
Negligent driving in the 2nd degree is a traffic infraction. Only fines apply; jail is impossible even with substantial prior offenses. Infractions provide no jury trial or public defense attorney rights. The primary concern is typically increased insurance rates.
"Negligent" means failure to exercise ordinary care and committing acts a reasonably careful person would not do under similar circumstances. Negligence includes failing to do something a reasonably careful person would do. Defense lawyers frequently see this alleged with excessive speed, inattention, or drowsy driving.
Cases often stem from automobile accidents, though collisions are not a required element. Winter cases involve driving too fast on snowy or icy roads, sometimes resulting in "Speed Too Fast For Conditions" tickets. "Negligence" differs from "reckless driving," which involves greater risk to persons or property.
Negligent driving charges (1st or 2nd degree) sometimes accompany DUI charges. Under Washington court rules, these double charges are typically permitted without violating double jeopardy. Negligent driving in the first degree commonly results from plea bargains reducing DUI charges, particularly with low breath test results and no prior convictions.
Important: Negligent Driving 1st Degree Counts as a Prior
Pleading guilty to negligent driving 1st degree after original DUI charges means that conviction counts as an alcohol-related prior if charged with another DUI. Both DUI convictions and negligent driving 1st degree convictions can create difficulties entering Canada.
Key sentencing differences between DUI and negligent driving 1st degree:
| Factor | DUI | Negligent Driving 1st Degree |
|---|---|---|
| Mandatory jail | Yes | No mandatory minimum |
| Probation length | 5 years | Cannot exceed 2 years |
| Classification | Gross misdemeanor | Simple misdemeanor |
Whether accepting a negligent driving plea deal requires discussing all case issues with criminal defense counsel. Dismissal or "not guilty" verdicts represent the best outcomes and are the primary objective of effective representation.
Negligent driving 2nd degree requires no Department of Licensing license suspension. Negligent driving in the first degree also requires no automatic suspension. However, drivers with prior alcohol-related offenses will be required by the DOL to install an ignition interlock device on their vehicles following a negligent driving 1st degree conviction.
Under Washington law, reckless driving involves "driving a vehicle in willful or wanton disregard for the safety of persons or property." Courts interpret this to include circumstances risking the driver's own safety. Punishment reaches 364 days jail and $5,000 in fines. Reckless driving is an arrestable offense, and many police stops result in handcuffing and jail detention. Police issue reckless driving tickets for racing or "road rage" allegations. Convictions require SR-22 or "high risk" insurance.
Washington reckless driving charges frequently involve excessive speed allegations. Washington State Patrol commonly arrests drivers for reckless driving when exceeding 90 mph on Interstate 5 and 205 in Clark County, Cowlitz County, or Highway 14 in Skamania County. Prosecutors previously instructed juries they could infer recklessness from excessive speed alone, but such instructions were ruled unconstitutional. When determining if high speeds constitute recklessness, jurors consider weather, lighting, vehicle type, and road traffic volume. Behavior that is reckless on state route 503 might not be reckless on I-5. Cell phone use can be a contributing factor.
Reckless driving sometimes results from DUI plea bargains. Under state statute, reckless driving convictions from DUI pleas require ignition interlock device installation. When charged with serious crimes like vehicular assault or felony eluding, defense attorneys may request jury consideration of the lesser reckless driving charge, though recent precedents make this increasingly difficult. Defense lawyers frequently attempt to reduce reckless driving charges to negligent driving 2nd degree.
The Law Office of Erin Bradley McAleer will fight to ensure the best possible outcome in your case. Call today at (360) 334-6277 to schedule an immediate confidential consultation.
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