Reckless Driving Attorney in King County, WA
Protecting Your License and Freedom After a Reckless Driving Arrest
Reckless driving is a criminal traffic offense punishable under Washington state law. The offense is intended to prevent people from driving in a manner that causes harm to other road users.
The majority of Washington’s traffic offenses, including reckless driving, are intended to convey that the State does not look favorably on dangerous driving. So, even though reckless driving is not as serious as a DUI, it can result in unwelcome consequences.
If you have been arrested or charged with reckless driving, you should contact a qualified Washington DUI and traffic attorney as soon as possible. In certain cases, reckless driving can even be an option to plead down a charge of DUI or vehicular assault.
The best option is to consult with a reckless driving lawyer at The Curtis Firm, so you can better understand your rights. Our skilled criminal defense attorney has helped many residents throughout the State respond to and fight traffic offenses. Call us to speak with a qualified lawyer today.
What Qualifies as Reckless Driving in Washington?
Reckless driving is described under Washington law as driving a vehicle in “willful or wanton disregard for the safety of persons or property”. A reckless driving offense is a gross misdemeanor and includes situations in which a person puts themselves at risk.
The term ‘willful’ generally refers to conduct that is intentional or purposeful, while ‘wanton’ indicates that a person understood the consequences of their conduct but disregarded them.
In most cases, the offense of reckless driving involves driving in a manner that violates proper driving etiquette and the law, such as driving against traffic, running red lights, or excessive speeding.
Usually, police officers have a ‘judgment call’ when deciding whether to arrest and charge people for reckless driving. They may pull a car over, arrest the driver, and take them to the station if they believe the driver’s actions constitute reckless driving.
You should understand that if you are charged with reckless driving, it does not mean you are guilty of the offense. It simply means that police officers are at liberty to decide whether to arrest someone for reckless driving. Their decision should be based on the circumstances preceding the arrest; our experience, however, suggests that other considerations may come into play.
How is Reckless Driving Different from Negligent Driving?
A question we often hear concerns the difference between reckless driving and negligent driving. Under Washington law, the primary difference between the two charges revolves around the level of intent and legal responsibility. For example, you can face reckless driving charges if the officer decides that you had a “willful and wanton” disregard for safety. Conversely, to be charged with negligent driving, a police officer must feel that you failed to exercise reasonable care. Failing to exercise reasonable care often results from making mistakes or distracted driving.
Reckless driving is considered a gross misdemeanor, whereas negligent driving is the second degree is simply a civil traffic infraction. Even so, all traffic violations should be taken seriously as they can impact your license and insurance premiums.
If you still have questions about the legal distinctions between reckless driving and negligent driving charges and how they can impact your driving record, it is best to consult with a
Can a DUI Charge be Reduced to Reckless Driving?
If you have been charged with a DUI, you may have heard or read that the offense could be reduced to reckless driving charges. Depending on the facts of the case, a qualified attorney can negotiate with the prosecuting attorney to try to have your DUI charges reduced. The prosecutor may be willing to negotiate a plea agreement if they feel that their evidence is weak, or your BAC was near the legal limit.
If you have a clean record, the prosecutor may be more willing to allow you to plead guilty to the lesser charge of reckless driving. Washington state prosecutors are generally more open to reducing charges if the DUI case does not involve an accident.
Although generally, a first-time DUI and reckless driving are both considered gross misdemeanors, a reduction in charges helps you avoid mandatory minimum jail time and having to install an ignition interlock device. Even though your license can be suspended for 30 days due to reckless driving, it is significantly lower than if you were convicted of a DUI.
Washington state prosecutors are generally more open to reducing charges if the DUI case does not involve an accident.
When is Speed Considered Excessive?
One question that often comes up regarding reckless driving concerns how fast one must be driving to be considered ‘excessive.’ For instance, if you are driving at 61 miles per hour in a 60 mph zone, is your speed excessive?
The answer is Yes. Driving above the speed limit on any road in the state of Washington may be regarded as excessive speeding. A police officer may arrest you in these circumstances. Even so, the prosecution must still prove the offense of reckless driving ‘beyond a reasonable doubt.’
The United States Court of Appeals has emphasized that the speed at which an accused person was driving should not be the only factor upon which the offense of reckless driving should be based. Nevertheless, driving 30 MPH or more over the speed limit is now legally defined as reckless driving.
The reason for this position is that Washington state has a different civil infraction that attracts speeding tickets. That offense is committed when a person drives at a speed above the speed limit. Reckless driving is a different offense and can only be committed when there was “willful or wanton disregard for the safety of persons or property.”
Considering the differences between speeding and reckless driving, you may have been charged for an offense worse than the circumstances of your case deserve. The best course of action is to speak to an experienced Washington traffic attorney immediately to understand how the law applies to your case.
Can a Reckless Driving Charge Be Pleaded to a Lesser Charge?
In certain situations, the offense of reckless driving can be pleaded as a lesser charge in exchange for a more serious traffic offense. A reckless offense charge could be the result of a plea bargain if you are facing criminal charges, such as a DUI case or vehicular assault.
Since reckless driving involves less severe consequences, pleading to a lesser charge may be a good idea if you are facing one of the more serious offenses, such as DUI or vehicular assault.
Your lawyer will be able to advise you on what strategy would be best for your case, taking into consideration the circumstances of your arrest and the likely success of your defense.
What Other Factors Could Impact a Reckless Driving Case?
Whether you are considering accepting a plea of reckless driving as a lesser charge or have been arrested for reckless driving, there are certain considerations you should keep in mind.
- If you are considering pleading to reckless driving as a lesser charge, you should know that reckless driving may count as a prior for a DUI charge. Having the offense count as a prior DUI could mean that if you are convicted of reckless driving, that conviction may be considered for sentencing enhancements on subsequent DUIs.
- Another thing to keep in mind is that reckless driving is a major moving violation in Washington. If a person accumulates three major moving violations within 5 years, the Department of Licensing (DOL) will consider the person a habitual traffic offender. Being labeled as a habitual traffic offender may result in an extremely lengthy license suspension, in some cases up to 7 years.
What are the Consequences of a Reckless Driving Conviction in Washington?
Reckless driving is punishable as a gross misdemeanor in Washington. Conviction attracts a maximum fine of up to $5,000 or imprisonment of up to 364 days or both.
Although it is possible to avoid a jail term, an offender will be subject to a mandatory 30-day license suspension. The DOL will suspend your license, and if you have not served the suspension before conviction, you will be required to do so afterward.
While you may do some limited driving during the suspension period using an occupational license, there will be restrictions. These restrictions may relate to what time of day you drive, where you can go, and the purpose of your driving.
You will also have to obtain SR-22 insurance for high-risk drivers and pay an application fee to the DOL. When the suspension is over, you will then have to reinstate your driving privileges by paying a fee of $150 to the DOL, plus a 3-year subscription for SR-22 insurance.
Does a Reckless Driving Conviction Stay on My Record?
Unlike a traffic ticket that, in most cases, will only stay on your record for a specific number of years, a reckless driving charge will remain on your criminal record permanently. Although you may be able to seek legal help to have the conviction vacated after three years, if you have no new or pending charges or have had another misdemeanor vacated. But a reckless driving conviction cannot be expunged.
Because a reckless driving offense is charged as a gross misdemeanor, a conviction will appear on background checks. A reckless driving conviction will also appear on your Department of Licensing driving record, which can negatively impact and increase your insurance premiums.
Contact The Curtis Firm for Help
Although a charge of reckless driving may not result in significant jail time, it can cause you a great deal of avoidable stress. If you have been charged with this reckless driving, it is in your best interest to contact a qualified attorney who can build a robust defense on your behalf.
If you are considering pleading to reckless driving as a lesser charge, you should only do so with the advice of an experienced attorney such as James Curtis. The Curtis Firm is a law firm committed to helping clients avoid the serious consequences of traffic offenses. If you have questions about how we can assist you with your case, contact our law offices at 253-649-2426 to schedule an appointment.