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The Law Offices of Jason S. Newcombe
Negligent Driving

Are you looking for a lawyer to assist you with a charge of Negligent Driving in Seattle, Kirkland, Bellevue, Lynnwood, Kent, Auburn, Shoreline, Federal Way or Issaquah?

If so, you have come to the right place.

We can help.  Call an experienced Washington negligent driving lawyer now to get the personal attention you deserve. 

YOUR INITIAL CONSULTATION IS FREE.

(206) 387-8500

(425) 455-2040

(253) 852-1661


DO NOT LET ONE MINOR LAPSE IN JUDGMENT FOLLOW YOU AROUND FOR THE REST OF YOUR LIFE.

Have you been charged with Negligent Driving in Washington State?

If so, you undoubtedly have a number of questions about your legal rights and the potential consequences of being convicted of Negligent Driving.  The first thing to keep in mind is that Negligent Driving in Washington state is statutorily categorized by degree.

As detailed more fully below, Negligent Driving in the First Degree is a criminal misdemeanor and is punishible by 90 days in jail and a $1,000 fine.  If you have been charged with Negligent Driving in the First Degree, it is most likely alleged that you were driving in an erratic or inappropriate manner that endangered persons or property while exhibiting the effects of having consumed intoxicating liquor or illegal drugs. 

This is a serious criminal offense and the assitance of experienced legal counsel is strongly recommended, if not imperative.  In addition to facing jail and significant fines, a conviction for Negligent Driving in the First Degree can have a dramatic effect on your driving record and future insurance costs.

WHAT DOES THE LAW SAY REGARDING THE ELMENTS OF NEGLIGENT DRIVING IN WASHINGTON STATE?

The law and the elements of Negligent Driving in Washington state are categorized by two degrees. 

The elements of Negligent Driving in the First Degree are detailed in RCW 46.61.5249.

Negligent driving -- First degree.

(1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or an illegal drug.

     (b) It is an affirmative defense to
negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings.

     (c)
Negligent driving in the first degree is a misdemeanor.

     (2) For the purposes of this section:

     (a) "
Negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.

     (b) "Exhibiting the effects of having consumed liquor" means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either:

     (i) Is in possession of or in close proximity to a container that has or recently had liquor in it; or

     (ii) Is shown by other evidence to have recently consumed liquor.

     (c) "Exhibiting the effects of having consumed an illegal drug" means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug and either:

     (i) Is in possession of an illegal drug; or

     (ii) Is shown by other evidence to have recently consumed an illegal drug.

     (d) "Illegal drug" means a controlled substance under chapter
69.50 of the RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under chapter 69.41 of the RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.

     (3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.

The elements of Negligent Driving in the Second Degree are detailed in RCW 46.61.525.

Negligent driving -- Second degree.

(1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.

     (b) It is an affirmative defense to
negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent.

     (c)
Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.

     (2) For the purposes of this section, "
negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.

     (3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.


If you are in need of Washington Negligent Driving lawyer who handles cases in Kirkland, Bellevue, Lynnwood, Kent, Auburn, Shoreline, Federal Way and Issaquah, as well as throughout Western Washington, call now for a free consultation.

The Law Offices of Jason S. Newcombe is here to help. 

Call an experienced Washington negligent driving lawyer now to get the personal attention you deserve. 

YOUR INITIAL CONSULTATION IS FREE.

(206) 387-8500

(425) 455-2040

(253) 852-1661