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Negligent driving second degree

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kershcd

Junior Member
What is the name of your state (only U.S. law)? Washington
I just recently got a 2nd degree Negligent Driving citation (1 week ago). It is a very bizarre story in that I have absolutely no memory of the day of the violation or several days before. I had a very swollen jaw due to an abcessed and infected tooth. I had not been to a dentist and was treating myself with Advil and pain medication for which I have had a prescriptionfor many years. The following information is from my wife and others... I woke up 2+ hours late for work, called in and left to go to work. Another two hours later I was pulled over by Washington State Patrol in a different city 6 exits beyond my normal route to work on suspicion of DUI-Drugs, my car was impounded and I taken to a local hospital for a "legal Blood Draw". It came back negative on all counts. The Trooper called my wife to come get me and issued the citation for Negligent Driving 2 with a fine of $550. My wife and employer both state that I was acting normal. The next day I had no memory of the occurance or the several previous days. My wife took me to the ER and I was given a Cat Scan and an MRI to make sure I had not had a stroke or aneurism, both of which were clear. The Dr. then determined the infection had spread to my brain and was causing the memory loss and confusion. They administered IV antibiotics and pain medication, wrote out a prescription for antibiotics, gave me discharge papers with the above information on it and sent me home after about six hours of observation. By the following morning the confusion and disorientation subsided and I was able to go back to work. My question is, is this a valid defense to contest the citation, or should I just request a mitigation hearing.... Any advice will be greatly appreciated, I cannot afford an attorneyWhat is the name of your state (only U.S. law)?
 


OHRoadwarrior

Senior Member
Negligent driving sounds correct. You should not have been operating a motor vehicle at all, if you were compromised.

RCW 46.61.525: Negligent driving ? Second degree.

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.
 

HighwayMan

Super Secret Senior Member
I had a very swollen jaw due to an abcessed and infected tooth. I had not been to a dentist and was treating myself with Advil and pain medication for which I have had a prescriptionfor many years...
Any reasonable person would have sought medical attention for this condition. This is not something that cries out for self-treatment.

Your pain medication was not prescribed for this condition, but for something else apparently.

It would seem that without an attorney you don't have a chance. But, of course, you can give it a try. Bring all of your medical documentation to court and tell the judge what happened.

You should have sought proper medical treatment for your condition instead of playing doctor.
 

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