Negligent Driving Attorney in King County, WA
Understanding Your Negligent Driving Charge
Negligent driving may be charged as a misdemeanor or an infraction under Washington law. Negligent driving occurs when a person drives a vehicle in a manner that may endanger other people.
The purpose of negligent driving laws is to ensure that other drivers are not put in danger by the actions of a negligent driver. If a police officer determines that you failed to exercise reasonable care, you could be pulled over, arrested, and eventually charged with negligent driving.
If you have been arrested or charged with a negligent driving offense, you should immediately contact a Washington traffic attorney. A person convicted of negligent driving could face possible imprisonment and a fine.
Get in touch with The Curtis Firm to understand what your options are in a charge of negligent driving. Experienced DUI and traffic attorney James Curtis has the skills and experience to help you build a solid defense to protect you against negligent driving charges.
What Constitutes Negligent Driving under Washington Law?
Negligent driving is defined under Washington law as operating a motor vehicle negligently. Operating a motor vehicle negligently means that the vehicle was driven in a manner that a reasonable person would not under the circumstances, or that the driver failed to drive as a reasonable person would.
Depending on the circumstances of the arrest, a person may be charged with negligent driving in the first or second degree. While second-degree negligent driving is little more than an infraction, the first-degree offense may involve imprisonment or fines.
Negligent driving was not always a crime in Washington. It was initially a civil infraction similar to receiving a speeding ticket. The offense was, however, split into two degrees since the early 1990s in response to concerns that the blood alcohol content level required for DUIs should be lowered.
The result of the split was that it gave the state the ability to charge an alcohol related offense, in instances where the individual was not intoxicated or impaired. On the other hand, it provides a means for individuals charged with a more serious DUI to plead down their charge to a less serious alcohol related offense.
How are Negligent Driving Charges Decided?
Before the prosecutor files formal charges, they will consider several factors. Depending on the circumstances involved in the case, the prosecution will decide whether you should face negligent driving in the second or first degree, which can result in significantly different outcomes.
Negligent Driving in the Second Degree
Second-degree negligent driving is a non-criminal traffic infraction. It is not an offense that requires a criminal charge or trial. Often, the offense is treated as an administrative violation, with a ticket issued to the liable individual.
Under the statute, a person commits this infraction when they drive in a manner that is both negligent and endangers or threatens to endanger any person or property.
Negligent Driving in the First Degree
Negligent driving in the first degree is a criminal offense under Washington law. The offense is committed when a person:
- Drives in a negligent manner; and
- Endangers or is likely to endanger person or property; and
- Exhibits the effects of having consumed liquor or drugs, whether legal or not
Alcohol or drug use may be determined from several circumstances, including odor, behavior, appearance, speech, or coordination impairment, or paraphernalia in the car.
Invoke Your Right to Remain Silent
Still, it is important to keep in mind that admitting to drug or alcohol use during an arrest could be critical to your case and may even lead to a DUI arrest. If you are asked about alcohol or drug consumption, politely decline to answer any questions and ask to speak with your attorney first.
An arrest for second-degree negligent driving is not dependent on the consumption of a particular quantity of alcohol or drugs. You may be arrested and charged even if you are under the legal limit of consumption for a DUI. The prosecution must, however, prove a causal connection between the alcohol or drug consumption and negligent driving.
What is the Punishment for Negligent Driving?
The consequences of a negligent driving charge will vary depending on the circumstances of the case and the degree of the offense.
Negligent driving in the second degree is a civil infraction and, as such, does not involve any jail time. But it will incur a $250 fine and an aggregate total of $550.
An offense in the first degree will be treated as a misdemeanor. Conviction may result in fines of up to $1,000 and up to 90 days in jail. Offenders will also be subject to a two-year probationary period after conviction.
There is no required license suspension for a charge of negligent driving in the second degree or first degree. However, the Department of Licensing may require a driver to install an ignition interlock device if they have any prior alcohol-related conviction.
Can I Be Charged with Negligent Driving and a DUI?
Since both offenses are alcohol and drug-related, there are several instances where there may be overlap between the offenses of negligent driving and driving under the influence.
Sometimes, a charge of negligent driving may be filed along with a DUI charge. This legal procedure is usually allowed under Washington law because the two charges are markedly different offenses. Prosecutors often do this to ensure they have an offense that may result in a conviction.
Negligent driving in the first degree is also a common charge that a DUI may be amended down to when a plea bargain is entered. Amending the charge is often the case when the prosecution lacks sufficient evidence to comfortably sustain a DUI or when the defendant has no prior convictions.
Since DUI usually includes a mandatory jail sentence, a charge of negligent driving may be a better deal, as the probationary period for negligent driving is 2 years. In comparison, the probationary period for a DUI is at least 5 years.
Due to the reduced penalties, pleading down your charge to negligent driving may be a good option for your circumstances. Whether you should accept a deal or not is something that you should discuss with your criminal defense lawyer after considering all the circumstances of your case.
In any case, your lawyer’s first objective will be to create a strong defense strategy and advise you of your legal options.
If My DUI Is Reduced To Negligent Driving in the First Degree, Do I Still Need The Ignition Interlock Device (IID)?
A common fear for many individuals who have been able to have a DUI reduced to negligent driving in the first degree is whether they will still need to install an ignition interlock device (IID) on their vehicles.
Generally, Washington state law does not require you to have an IID for a first-time offense. But if you have a repeat offense within seven years, you may have to have an IID for at least six months. State law considers a previous DUI, Physical Control DUI, or deferred prosecution as prior offenses, even if the charge was later dismissed.
If the state’s Department of Licensing (DOL) suspended your driving privileges based on your refusal to take a breath test or a high BAC, you may still have to have an IID, even if the charge is later downgraded to negligent driving.
A judge also has the legal discretion to order that you install an IID as a condition of your release if the case involves an accident or you registered a high BAC.
It is worth emphasizing that even when the six-month time period expires, you cannot remove the IID from your vehicle. Instead, you must prove that you have registered 180 consecutive days without any failures or lockouts before the DOL will allow you to remove the IID.
What Happens If I’m Charged With Negligent Driving Involving A Pedestrian Or Cyclist?
Washington law designates pedestrians, cyclists, and other non-motorized road users as “vulnerable users.” Recent changes in state law have significantly increased penalties depending on the severity of the victim’s injuries
Negligent Driving 1st Degree (Death of a Victim)
For example, if you are convicted of negligent driving charges involving a vulnerable user victim, what would have been a traffic ticket is now charged as a gross misdemeanor. If convicted, you could be ordered to serve up to 364 days of jail time and pay a steep fine of $1,000 to $5,000. Your driver’s license will also be suspended for a mandatory 90-day period. Unlike a second-degree negligent driving conviction, you will also have a criminal conviction on your permanent record.
Negligent Driving 2nd Degree (Great or Substantial Bodily Harm)
If the victim survives the accident but suffers “substantial bodily harm”, you can be charged with negligent driving in the second degree. Although it is considered a traffic infraction, it still comes with substantial penalties, including a 90-day license suspension and a $5,000 fine.
There is, however, an alternative option where you appear for the hearing and do not contest the charge. If you do so, the judge may allow you to pay a reduced fine, complete a mandatory traffic safety course, and perform up to 100 hours of community service.
Can a Negligent Driving Conviction Disqualify Me From Having a CDL License?
If you have a commercial driver’s license, you may be concerned about how a negligent driving conviction can impact your CDL. Even though a second-degree negligent driving conviction is a civil traffic infraction for regular drivers, it is considered a serious traffic violation for CDL holders.
Two serious violations within three years can result in a 60-day CDL disqualification. Many trucking companies may be hesitant to hire or retain a driver with a negligent driving conviction on their record.
Because you need your CDL to perform your job, it is always best to weigh your options with an experienced negligent driving attorney who can help you make an informed decision.
Get in Touch with an Experienced Lawyer Immediately
If you have been arrested or charged with negligent driving, you must contact a qualified lawyer immediately. If you are trying to determine your legal options, looking to understand the charge of negligent driving better, or are facing a DUI, your lawyer will be able to help you understand your rights.
Contact The Curtis Firm to speak with former prosecutor James Curtis for a clear understanding of how the negligent driving laws apply to you. Call us at 253-649-2426 to set up a free, confidential consultation today so we can professionally assess your case and determine which strategies best suit your needs.