Negligent driving in the second degree in Tacoma, Washington, is a serious offense that can result in severe consequences. While it might not seem as severe as reckless driving, it still carries penalties that can impact your driving record, insurance rates, and even your driving ability.
If you have been cited for negligent driving in the second degree, you should take some time to understand the law, your rights, and how an experienced attorney can help you navigate what can be a complicated process.
What Is Negligent Driving in the Second Degree?Under Washington State law, negligent driving in the second degree refers to operating a vehicle in a way that substantially deviates from the standard of care a reasonable person would use in similar circumstances. This charge often applies when you exhibit behaviors like tailgating, speeding, or engaging in other reckless driving habits that create a potential risk to others on the road.
Relevant Washington State Laws and Statutes to Keep in MindIf you’re convicted of negligent driving in the second degree in Pierce County, Washington, you can face serious penalties:
If any of these factors enter into your case, it can result in harsher penalties. This is just another reason you should consult a traffic defense attorney in Tacoma.
The Process of Handling a Second-Degree Negligent Driving CaseWhen you are cited for negligent driving in the second degree, it is important to learn more about the legal process involved.
Are you looking to contest your negligent driving charges in Tacoma? Here are some common defenses your lawyer might use.
A lot of people confuse negligent driving with a basic traffic ticket. Negligent driving in the second degree is considered a misdemeanor, meaning it comes with heavier consequences than a simple infraction, like when you get a parking ticket or run a red light.
If you have a Commercial Driver’s License (CDL), a negligent driving conviction can carry serious consequences for your career. It’s not a felony, but it can still result in:
If you rely on your license for work, you should consult a skilled traffic attorney who can help protect your livelihood.
When to Request a Mitigation Hearing vs Contest the ChargeOnce you receive a negligent driving citation, you have a few options:
Negligent driving in the second degree is considered a less severe charge. While both involve dangerous driving behaviors, reckless driving typically involves intentional or grossly negligent behavior. Negligent driving in the second degree poses a risk but usually comes about with less severe actions.
License suspension isn’t going to be automatic, but Pierce County Court may still decide to suspend your license if aggravating factors are involved.
Failing to appear for your court date can result in a bench warrant for your arrest alongside additional penalties.
Yes, your conviction can ultimately lead to higher insurance premiums.
Yes. While it is a misdemeanor and not a felony, it will appear on your criminal record and be flagged during background checks.
Negligent driving typically stays on your Washington driving record for five years. However, insurance companies might use it as a factor for longer than this.
It’s possible. If you have no new criminal offenses, you might be eligible to vacate a misdemeanor conviction after a certain amount of time. Your Tacoma attorney can help you with this.
Yes. Many receive negligent driving charges due to misunderstandings or subjective officer judgment. Your traffic defense lawyer in Tacoma can help you challenge the evidence.
Facing a second-degree negligent driving charge in Tacoma can feel overwhelming, especially if you’re at risk of losing your license or seeing your insurance premiums soar out of control. The good news is that you don’t have to go through this alone.
A skilled Tacoma traffic attorney can make a big difference in the outcome of your case and help you get back on the road faster and with fewer long-term consequences.
They can review the citation and police report for any inconsistencies or lack of evidence and challenge the officer’s observations, especially when there were no witnesses or the incident did not involve an accident.
The attorney will then advocate on your behalf, represent you in court, and protect your driving record. Many drivers in Tacoma don’t even realize how many options they have available to them. Whether you’re worried about losing your license or your job, or you just want peace of mind, having a local attorney on your side gives you a great advantage.
The right legal defense and strategy can turn a frustrating mistake into a more manageable situation so you can get back behind the wheel with confidence and keep your driving record intact.
Washington State is lucky to play host to a variety of different landscapes and environments. It is widely regarded as the de facto Pacific Northwest destination for Americans and others who want a taste of largely untouched wilderness and access to the North Pacific. It is also a very large state with its own share of urban and rural environments, and for many, that means travel by automobile is a must.
However, as with any other part of the United States, the need for automobile travel by so many people guarantees that there will never be a perfect traffic system. With so many cars and other vehicles on the road and so many people with different aptitudes and states of mind, mistakes are going to happen. While some mistakes can be easily recovered from behind the wheel, others can have damaging or even fatal consequences for people beyond the driver who made an error. In some cases, these mistakes can even result in charges from law enforcement, and negligent driving charges are one such possible legal consequence.
For many decades, our experienced attorneys have successfully handled legal cases all over Washington State, whether they are simple civil cases or complex criminal trials. We are ready to provide legal services to cities like Tacoma and the surrounding region. We have substantial legal experience helping people deal with the stressful situation that is being charged with negligent driving.
Tacoma’s RoadwaysTacoma is situated just south of Seattle, the state’s largest city, and is also located on the shores of Puget Sound. For people with motor vehicles, this puts plenty of desirable destinations within easy access, whether that is the restaurants and nightlife of a major city of the world or the natural splendor of Washington State’s forests and shorelines. However, the number of people on the road, the weather conditions during a given time of year, and the physical and mental condition of the drivers all work together to create circumstances in which a careless error can result in an accident. In fact, Washington State frequently ranks as one of the top states in the country for multi-car collisions.
Of course, car accidents can occur for any number of reasons. People still learning to drive, such as teenagers, may be prone to mistakes, and, unfortunately, impaired driving accidents are on the rise as well. However, accidents can also occur because people aren’t exercising the care and responsibility they need to while on the road, and this is where other charges, such as negligent driving, come into play.
Ignoring ResponsibilityThere are a series of vehicular offenses that are considered criminal acts, with violations such as reckless driving, driving under the influence, and some types of negligent driving all classed together. There are essentially two types of negligent driving that drivers may be charged with, and within each is another subcategory. Of course, the actual charge of negligent driving is, on the surface, fairly easy to understand. The act of negligence in driving is defined as not exercising the due care that a person behind the wheel is legally required to execute. Weaving in and out of traffic in an attempt to get past cars perceived to be slower or not paying attention to traffic signs such as speed limits or yield signs are two common examples.
In both cases, drivers may not mean anyone harm, but they ignore their basic responsibility to show situational awareness of road conditions and laws, even by simple error. Ignorance is not an excuse for breaking the law, especially if those actions result in damage to property or the harm of others.
The most serious negligent driving charge that a person can face is:
Negligent Driving In The First DegreeNegligent driving in the first degree is considered a criminal act, though in this case, it is a misdemeanor, the least severe type of criminal offense. In some instances, driving under the influence, whether that is through consuming alcohol or drugs like marijuana, may result in a lesser charge of negligent driving in the first degree rather than a more serious charge of driving while under the influence. Similar symptoms, such as impaired reflexes or poor judgment, are still of note in such a charge. The likelihood of harsher penalties is higher if the consumption of illegal drugs is involved.
Negligent driving may also involve harm to others. There is a subcategory of negligent driving known as negligent driving with a vulnerable user victim. Here, the focus is not on property damage but on actual physical harm to someone considered vulnerable. Common examples of vulnerable victims include cyclists in bike lanes or road shoulders who are hit by drivers anyway, pedestrians, or even school children crossing the street.
Because negligent driving in the first degree is considered a criminal offense, this does mean that potentially more serious consequences are possible. While people found guilty of first-degree negligence won’t spend years in jail, imprisonment of up to 90 days is possible. In addition, there are the expected fines, as well as possible probation and ignition interlock requirements for a vehicle. In terms of records, a negligent driving charge would remain on your driving record for five years. The criminal record, however, is permanent, though it is possible to have it stricken from the record after three years or, if it was a plea-bargained down from a DUI charge, ten years.
We’re Here To HelpWe believe that even when people are facing legal charges, such as negligent driving, these charges still have the potential to be challenged and mitigate the consequences people face. Our lawyers have been diligently challenging negligent driving charges in Western Washington and the rest of Washington state for over 20 years. If you, a loved one, or someone else you know is facing negligent driving charges, a negligent driving attorney has the experience and knowledge to help change the legal outcome of such charges. Our Tacoma negligent driving attorneys are experienced, passionate lawyers who can help people facing negligent driving charges avoid having to deal with the most punishing consequences of this offense.