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Negligent Driving 2nd Defree

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apex188

Junior Member
Negligent Driving 2nd Degree: Washington State

Received speeding ticket for $550 USD.Violation was 46.61.525 in Snohomish, WA. Negligent Driving 2nd degree.
Officer said the vehicle speed was 90mph in a 70mph zone. Said he clocked me at 86mph then 90mph at the bottom of the hill. I don't believe I was going that fast as there were other cars beside me although none in front of me. The police car chased me from behind. I am a Canadian Citizen, therefore, the ticket will not affect my insurance premiums but $550 is a hefty sum

few questions here:
a) how can I fight the negligent driving charge? I don't believe I was driving negligently at all. I was going in a straight line, far left lane. Was not weaving in and out of traffic.

b) If I beat the negligent driving charge, will the courts then still charge me for a speeding violation?

c)any tips on how to fight this charge?

d)should I contest this myself or hire a attorney?
 
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HighwayMan

Super Secret Senior Member
This is the statute:

(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.



You were driving in a straight line in the far left lane, but you were exceeding the posted speed limit by 20 mph and traveling at 90 mph. That could certainly be articulated as negligent. The last paragraph of the statute pretty much sums it up.
 

apex188

Junior Member
Thanks for posting a reply.

I don't feel I was speeding at 90mph. As my car has KM's on the speedometer, and I believe I was cruising around 110-115 km/hr, which is about 70mph.

Furthermore, isn't there a difference between speeding and Neglignt driving??
20mph over (if that is proved) should only be a $175 fine.
Also, as per the state of washington website states, negligent drivng 2nd degree is only a $250 fine.

From I read, negligent driving is an interpretation by the officer, in which is challengable correct?

I'm trying to get an understanding on when I provide the challenge, what I am challenging...whether it be I was speeding or that I was Negligent.
 

davidmcbeth3

Senior Member
another quality WA st. ticket

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.

[1997 c 66 § 5; 1996 c 307 § 1; 1979 ex.s. c 136 § 86; 1967 c 32 § 69; 1961 c 12 § 46.56.030. Prior: 1939 c 154 § 1; RRS § 6360-118 1/2. Formerly RCW 46.56.030.]

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You can ask for discovery (I dont know if you can defer this one??) .. and you have the right to conduct an investigation in WA (see discovery rules). You do not have the right to depose the cop.

But you can interrogate (and video tape?) the cop in an investigation .. and if they do not cooperate, I think a motion to dismiss would be in order.

Nice to see its an affirmative defense ... I would motion to dismiss just on this ground .. that the ticket itself is proof of a violation .. not exactly innocent until proven guilty is it?

Also, the law is vague. Motion to dismiss on these grounds.

You can see an attny if you do not feel up to battling it out in "court".

Begin with discovery ... or seeing an attny
 

apex188

Junior Member
thanks.
Im thinking of returning the ticket marked to contest, then make a discovery request to see what the statement is from the officer. Then decide if I will continue to contest it or request a change of hearing to Mitigation. Ive been told I will have the opportunity to change the hearing.

YOu are right though, def. guilty until proven innocent in this case.

Can you explain in a bit more detail how I can motion to dismiss based on the law being vague for negligent driving?
Interpretation of this can be anything illegal can be considered as negligent..

thanks!
 

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