Negligent Driving 1st Degree And Negligent Driving 2nd Degree

On January 1, 2025, Washington State’s new negligent driving law took effect. Over the last ten years, traffic fatalities of vulnerable road users have more than doubled. Washington State legislators defined vulnerable road users as people walking, biking, or using wheelchairs on the road. Vulnerable road users do not have the protection of a vehicle, so they are very susceptible to injury or fatality in the event of an auto accident.

Negligent driving charges in Washington State, including first and second degree, and now involving vulnerable road users under RCW 46.61.5259, are serious. When people drive without care, it is very dangerous. Even a compact car weighs at least 2,500 pounds and can cause irreparable property damage and bodily harm. With so much harm, it's easy to see why Tacoma police and Washington State law take negligent driving seriously.

Negligent driving charges in Tacoma carry harsh legal penalties, especially if someone is injured. You should not face these charges alone. Our defense attorneys in Tacoma, who specialize in defending against these charges, will review your case for free and put together a strong defense to reduce charges and penalties. Call our Pierce County law offices right away to get started.

Washington State law RCW 46.61.525 defines negligent driving as:

"(operating) a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property."

It falls under three categories:

• Negligent Driving First Degree: First-degree negligent driving is a misdemeanor in Washington State. You can face first-degree negligent driving charges if you drove in a negligent manner that endangered people or property and showed signs of alcohol or drug use (even if you are not impaired). Negligent driving doesn't require a DUI-level blood alcohol content test. Instead, Tacoma police officers just need to observe signs like slurred speech, bloodshot eyes, or the smell of alcohol to support the charge.
• Negligent Driving Second Degree: Second-degree negligent driving is a lesser charge and a civil infraction in Washington State. You will face second-degree charges if you drove carelessly and posed a risk to others but did not show signs of intoxication. Police often charge second-degree negligent driving in minor accidents or if you were driving distracted.
• Negligent Driving Involving A Vulnerable Road User: If you endanger a vulnerable road user, you can face this new additional charge.

All of these infractions carry legal penalties in Tacoma that can have a lasting impact on your life.

If police cite you for negligent driving in Tacoma, the penalties you face will depend on the type of charge:

Under RCW 46.61.525(1), penalties for First-Degree Negligent Driving in Tacoma include:

• Up to 90 days in jail
• A maximum fine of $1,000
• A misdemeanor conviction on your criminal record
• Possible probation, court costs, or alcohol/drug evaluation

In Pierce County courts, we frequently see these cases brought when the prosecution doesn't have enough to pursue a full DUI. Our Tacoma legal team knows how to challenge these weak negligent driving claims and push back when the facts don't meet the legal standard.

Under RCW 46.61.525(2), the penalties for Second-Degree Negligent Driving in Tacoma include:

• A civil fine of up to $250
• Additional court fees and surcharges
• Possible increase in insurance premiums

Second-degree negligent driving is not a criminal charge, but it can still cause problems with your license and insurance.

When the negligent driving violation involves a vulnerable user, the court can impose additional penalties under RCW 46.61.526, including:

• A fine of up to $5,000
• Mandatory community service (usually 100 hours)
• Mandatory traffic safety course
• Possible 90-day license suspension

Unfortunately, you also have to appear in court, which you do not have to face alone. Seek assistance from our legal team, who understands the new vulnerable user laws and knows how to negotiate alternatives with Pierce County prosecution to protect your license and record.

Driving in Tacoma can be tricky, even for careful drivers. From the steep hills in the Stadium District to the busy turns around Sixth Avenue, it's easy to make a mistake that leads to a negligent driving ticket. Intersections like the ones near 19th and Pearl or the awkward merge at Sprague and South 38th create blind spots and sudden stops that catch drivers off guard. The roundabouts in Proctor or the back-and-forth lane shifts on Pacific Avenue can also lead to quick decisions that police might see as careless. We've seen cases from South Tacoma Way all the way up to the North End where drivers were just trying to adjust to the road but ended up ticketed for not driving carefully enough under Washington State law.

Pedestrian-heavy areas make things even more complicated. Around Wright Park, the Museum District, and the waterfront by Ruston Way, there's a mix of tourists, joggers, and locals crossing the road without always using the crosswalks. Drivers trying to navigate downtown Tacoma near the Convention Center or the University of Washington Tacoma campus face sudden stops, confusing signs, and heavy foot traffic, especially during events. One second of distraction, even at low speed, can be enough for an officer to issue a negligent driving citation. Whether it happened near Lincoln High School or along the Narrows Bridge offramps, we understand the layout of this city and how good drivers can still end up in trouble. That's why local knowledge matters when building a defense.

Negligent driving means you aren't being careful while driving. You might have been going too fast or not watching the road. Police might even think you are high or drunk. Driving like this is dangerous. Even if no one got hurt, it's still a big deal that could end up with you getting a ticket or going to court and facing prison time. That's why you need a lawyer, who will talk to the judge and help you. They will make sure things are fair and help you stay out of trouble. Call us now to speak to one for free.

Whether you got your ticket in downtown Tacoma, near I-5, or out by Point Defiance, the legal process is generally the same across Pierce County. Here's what you can expect:

1. You Receive A Citation: The Tacoma law enforcement officer gives you a ticket, which explains what type of negligent driving charge you're facing and the next steps.
2. You Have A Court Date or Fine: For second-degree charges, you might have the option to just pay the ticket. However, if it's first-degree negligent driving or if your ticket involves a vulnerable road user, you'll have a mandatory court appearance, usually in Tacoma Municipal Court or Pierce County District Court.
3. The Ticket Hits Your Record: Any negligent driving ticket can show up on your driving record. In addition, your insurance rates can go up even if it's not criminal. If it's a misdemeanor, it could affect your job, security clearance, or ability to drive for work.
4. You Address The Ticket: You can either pay the ticket, ask for a mitigation hearing, or request a contested hearing. If it's a criminal misdemeanor, you'll need to plead guilty or not guilty at arraignment. That's where having an attorney makes a major difference.
5. Your Attorney Makes The Case: Our defense team works to protect your record and keep you out of court when possible. In many Tacoma cases, we can:
   • Get the charge reduced or dismissed.
   • Negotiate alternatives like deferred findings or driving classes.
   • Help you avoid fines, higher insurance, or jail time.

A negligent driving charge might seem like "just a ticket," but it can seriously impact your record, finances, and future.

We've defended clients in Western Washington for over three decades and have earned professional awards for our successful defenses. If you've been cited for negligent driving anywhere in Pierce County, we're ready to step in and fight for you. Contact our Tacoma legal team now to schedule a free consultation with our lawyers to learn more.