WA: Negligent Driving 2nd Degree

What is the name of your state?

Washington State, Snohomish County



Earlier today (7:30 pm or so), I was pulled over, and I recieved my First ticket (been driving since i was 17, will turn 20 this coming march) in my life. And It was a big one.

Negligent Driving in the 2nd Degree.

Heres the story (nice and short).

Im driving down I-5 a little before the Everett Mall Way Exit, going with the flow of traffic, doing about 65-70. A black Voltswagen Jetta comes flying up in far right lane (5 lanes over), and cuts through all the way to my lane, cutting me off, making me have to hit my brakes. For some reason, an agressive side of me (road rage) took over and I accelerated after him, at no point though did i even break 80mph. After accelerating (smoothly, not like i floored it or anything) I start to make my way over to the right hand lane to get ready for my exit, the Everett Mall Way Exit. At that time I check my rear view mirror to see an unmarked Crown Vic in my mirror. He pulls me over, jumps out of his car, and pulls the Jetta out of traffic as well.

He gets the Jettas info first, then comes to my window. and asks for the liscence and registration, which i had ready, then he asks why I was driving like that, and before I really have a chance to say anything really he acuses me of racing. Saying on the freeway we dont race, saying that about 3 times or so. Then he goes back to his car, after about 10 minutes, he comes back to my car, again telling me about 2 times how I was racing (which i wasnt). Then has me sign my ticket, he circles the court, and sends me on my way.

It is a $538 ticket, which I can deal with, If i have to, the biggest thing i dont want is this to be on my record. I already pay a TON for insurance (no tickets or accidents prior to this mind you).

What are my options? I would like to try to get this deferred, how would I go about doing that?

Thanks in advance.

[ptlmejo]

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 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 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.
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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.

Now, please read that and tell me if you think "Road Rage" fits...I do.

Yes, I do believe it does fit in there. But thats not what Im asking. I was accused of racing which I wasnt. I do understand I have an agressive side of me when I drive, and It got the best of me yesterday. But what are my legal options? And what can I do to keep this off of my record?