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46.61.525 negligent driving 2nd degree

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A

amotken

Junior Member
I was driving home around 1am from the gym. I work a swing shift and it had been lightly raining, I came around a sweeping on ramp and spun out. I was not driving excessively, erratic or speeding. My tires simply lost traction and I over corrected and spun out not quite into a ditch but on to wet grass and could not get out. I called a tow truck and 2 state patrol showed up. One gave me a field sobriety test while the other went through my car, found my wallet, took my license out and threw my wallet onto the seat without asking to enter my car. Just because my car spun out. He said he had other reasons but when I questioned him on it he had no other answers as to why. I drive a sports car and I believe this had a 'guilty' when they pulled up. No witnesses, no evidence as to what happened they just assumed without any known evidence what are my options right now.
I live in washington state.
 


FlyingRon

FlyingRon

Senior Member
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​

A reasonably careful person would slow down when cornering on wet roads to not lose control of their vehicle. Why should it matter what shift you work?
 
S

SuperLitigator

Member
Just because you spin out, if you want to call it this, cannot be the sole reason for the ticket. Did the officers witness the incident or did they see it post-fact? Did you leave you car door open, in respect to the search? As highwayman is eluding to, it could be an equipment problem that you were not aware of. I have had tie rod ends break & lost control of a vehicle while moving in a straight line at 25 MPH ... so the fact that you drove off the road is not conclusive of guilt. I would ask the officer: did you check the tie rods on the car, the tires, any of the mechanical devices on the car. First I would ask him if he is an expert in automobile engineering etc. Then ask "so you did not rule out any mechanical failure before issuing the ticket?"
 
S

SuperLitigator

Member
Zigner said:
Balderdash. It can be and IS. :rolleyes:
Click to expand...
Use some common sense here. If your vehicle has a mechanical breakdown that is unforseen, you cannot be charged; otherwise we would all have to drive 1 MPH. Oh, I agree that a dip off the road can be cause to issue a ticket but the OP does not have the burden to prove that his is innocent; the state has to prove he is guilty. If the state has no witnesses (and hopefully the OP kept his mouth shut) then they simply have no evidence. They can testify that the car was in the ditch & thats about it. If it is or not is one thing, if the state has the evidence to prove it is is another. We are innocent until proved guilty. If I was OP, I would be targeting a motion for acquittal or summary judgment upon the state's testimony witnesses and cross and after the state rests. I would not advise the OP to testify in his defense. Unless the law says that a car off the road is prima facia evidence of the charge, and the OP kept his mouth shut to the cops, they simply have no evidence.
 
S

SuperLitigator

Member
Zigner said:
I've watched that previously and don't disagree with you (or him) on this.
Click to expand...
I did note that I first said he could not be charged and also said he could be. Sorry for the confusion. What I meant was he shouldn't be charged but that he could....:); the professor does makes good sense, why else do cops in traffic stops ask: how fast were you going, where did you come from, etc..I just say that I dont want to answer any questions & if you have them you should ask them in court.
 
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