Negligent Driving In Washington

[cspady70]

I ride a motorcycle between Washington and Oregon daily for my commute. I received a ticket last week for Negligent Driving 2nd Degree for driving on the shoulder for a stretch of less than .5 mile.

If I'm reading the description of Negligent Driving correctly, it is operating a vehicle in a manner that endangers or is likely to endanger any person or property. I find it difficult to understand how my driving a motorcycle at a speed of 35mph around stopped/>10mph vehicles on the shoulder of the freeway could endanger anyone/thing.

Should I plead guilty because I was on the shoulder and pay the expected $250? Or is this something I could contest?

[seniorjudge]

What statute number are you charged under?

By the way, this is one of those times that if you would hire a traffic lawyer to help you out, it could save you tons of dough on your insurance in the future.

[FlyingRon]

Originally Posted by cspady70

If I'm reading the description of Negligent Driving correctly, it is operating a vehicle in a manner that endangers or is likely to endanger any person or property. I find it difficult to understand how my driving a motorcycle at a speed of 35mph around stopped/>10mph vehicles on the shoulder of the freeway could endanger anyone/thing.

You could try pleading your case, travelling at 35 MPH on the shoulder sounds like a slam dunk for the prosecution.

[cspady70]

Originally Posted by seniorjudge

What statute number are you charged under?

By the way, this is one of those times that if you would hire a traffic lawyer to help you out, it could save you tons of dough on your insurance in the future.

The statute number is 46.61.525

[cepe10]

Originally Posted by cspady70

I ride a motorcycle between Washington and Oregon daily for my commute. I received a ticket last week for Negligent Driving 2nd Degree for driving on the shoulder for a stretch of less than .5 mile.

If I'm reading the description of Negligent Driving correctly, it is operating a vehicle in a manner that endangers or is likely to endanger any person or property. I find it difficult to understand how my driving a motorcycle at a speed of 35mph around stopped/>10mph vehicles on the shoulder of the freeway could endanger anyone/thing.

Should I plead guilty because I was on the shoulder and pay the expected $250? Or is this something I could contest?

Like you have said the burden of proof would be on the prosecutor - and with flim flam vague charges like this it is easier to get a dismissal - since the elements - who was in danger? - are hard to prove since no accident or anything actually occured....

[racer72]

If I'm reading the description of Negligent Driving correctly, it is operating a vehicle in a manner that endangers or is likely to endanger any person or property.

You do realize that the phrase "any person" includes you. If one of those cars going 10 mph decided to pull over and did not anticipate a motorcyclist riding at 35 mph on the shoulder, you are the one that will suffer. Because the ticket is for negligent driving, you are not eligible for a deferral. You could try to negotiate the ticket down to driving on the shoulder, smaller fine and less of a hit on the insurance.

[seniorjudge]

From reading the statute below, sounds like you are definitely guilty (based solely on your description of your actions...which were very dangerous.)

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.]

[cspady70]

Originally Posted by racer72

You do realize that the phrase "any person" includes you. If one of those cars going 10 mph decided to pull over and did not anticipate a motorcyclist riding at 35 mph on the shoulder, you are the one that will suffer. Because the ticket is for negligent driving, you are not eligible for a deferral. You could try to negotiate the ticket down to driving on the shoulder, smaller fine and less of a hit on the insurance.

I don't mean to debate the issue, for the last 15 years that I've been riding, I've had the understanding that driving on the shoulder or between cars is not allowed and that you have to go south to California for it to be legal. It wasn't until I received this ticket that I really began looking in to the legality of it (and of course, you have the water-cooler lawyers at work that are more than happy to offer their non-educated opinion on the matter).

After reading through the entire Washington Rider's Manual, I couldn't see in there anywhere that riding on the shoulder was not allowed. It did make mention that riding between cars could cause injuries if someone changed lanes quickly or if someone extended their arm out of their window; but there was abosultely no mention of driving on the shoulder.

Again, not to be argumentative; but if I were traveling down the shoulder at 55mph, I would definitely be puting myself in danger of an accident should a car suddenly decide to pull over to the shoulder, but I was specifically traveling at a speed that allowed me to react quickly should a car pull in front of me (I have actually had cars purposely pull out in front of me in an attempt to stop me from driving on the shoulder, and at that speed, I am able to either maneuver around them or come to a stop). The shoulder in question is almost the size of a full lane of highway traffic, and is EASILY larger than the width of a car and allows a comfortable amount of movement without being too close to traffic.

I feel a little odd arguing this point, because I've always thought that on the occasions that I have driven on the shoulder that I was doing so illegally; but now that I've received a ticket for it and have looked in to it, I don't feel that my actions were neglegent, and I can't find anywhere that specifically states that I'm not allowed to drive on the shoulder.

[moburkes]

Per the driving manual, you are not allowed to drive on the right side of the white line marking the edge of the right lane. However, I couldn't find that so easily in the statutes.

[xylene]

If you claim that you are allowed to drive on the shoulder, well you're not... but assuming you are, where exactly is it indicated that you allowed to pass on the right?

PS At 35mph... I don't think you could possibly react fast enough for a motorcyle hater's car door.

That ain't me, but believe me there are alot of people who don't give a crap about the 'freedom of the road' and who would laugh themselves silly at thought of some jerk winding up in body cast because he was too good to wait in traffic and had to cut people off and make the traffic jam that much worse.

[FlyingRon]

Besides the shoulder is a good place to get drilled by an emergency vehicle trying to get to whatever is causing the delay. It is not a defacto additional driving lane for the self-important.

[smblkc]

Another issue with the driving manual is that they do not list all laws pertaining to motor vehicle operations. Going solely on what the manual states and being ignorant of the fact that there just might be other laws pertaining to driving a bike or car is pretty foolish.

Then, there is this law: RCW 46.61.670

"It shall be unlawful to operate or drive any vehicle or combination of vehicles over or along any pavement or gravel or crushed rock surface on a public highway with one wheel or all of the wheels off the roadway thereof, except as permitted by RCW 46.61.428 or for the purpose of stopping off such roadway, or having stopped thereat, for proceeding back onto the pavement, gravel or crushed rock surface thereof."