Negligent Driving Second Degree

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.

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.

• RCW 46.61.525: This outlines the definitions and penalties that come with negligent driving in the second degree.
• RCW 46.61.527: This is about driving with careless or reckless disregard, often a related charge when your driving behavior crosses the threshold into more dangerous territory.
• RCW 46.61.530: This outlines reckless driving. Note the difference between this and negligent driving in the second degree. Reckless driving is considered a more serious offense.

If you’re convicted of negligent driving in the second degree in Pierce County, Washington, you can face serious penalties:

• Fines: A conviction can result in a $1,000 fine.
• License Suspension: This isn’t automatic, but Pierce County Court can decide to suspend your driver’s license for a certain timeframe.
• Probation: Depending on the actual circumstances, you might also be placed on probation. This means regular check-ins with a probation officer.
• Jail Time: Although jail time is rare for a second-degree negligent driving charge in Tacoma, it can still be possible if there are aggravating factors.

• Excessive speed that is far above the posted limit
• Driving in a school or construction zone
• Endangering pedestrians or bicyclists
• Prior traffic violations or a history of reckless driving behavior
• Driving in poor weather conditions without using appropriate caution
• Distracted driving, like texting or using your phone
• Failure to obey traffic signals or signs
• Driving while fatigued or impaired by medication (not a DUI)
• Aggressive driving behaviors like road rage or weaving in and out of traffic
• Causing a near collision or a minor crash, even when there are no injuries

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.

When you are cited for negligent driving in the second degree, it is important to learn more about the legal process involved.

• Citation Issued: If the officer observes negligent driving, they can issue a citation. You then have the option to plead guilty, not guilty, or no contest.
• Pretrial Hearing: If you plead not guilty to the offense, Pierce County Court schedules a pretrial hearing. This is when your attorney can request evidence, review your police reports, and prepare for the trial.
• Negotiation and Settlement: In many cases, your attorney can also negotiate a plea deal with the prosecution, which could potentially reduce your charges.
• Trial: If an agreement isn’t reached, your case goes to trial. The prosecution will then have to prove that you were driving negligently, and your attorney will have the chance to challenge the evidence against you.
• Sentencing: The court will impose penalties, including fines, probation, or other consequences, if you are convicted.

Are you looking to contest your negligent driving charges in Tacoma? Here are some common defenses your lawyer might use.

• Lack of Evidence: If the prosecution fails to prove beyond a reasonable doubt that you were driving negligently, your attorney might be able to get your charges reduced or even dismissed.
• Mistake of Fact: You can argue that you weren’t aware of the danger or that the events leading up to your charge were a result of an unavoidable circumstance.
• Erroneous Citation: If you feel the officer made a mistake with your citation or if they didn’t have probable cause, your attorney can challenge it.

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.

• Court appearances can be mandatory, and infractions are often paid by mail.
• Negligent driving comes with higher fines and potential probation.
• A misdemeanor can impact job applications or background checks.
• The insurance impact is also usually more severe with negligent driving.

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:

• Disciplinary action from your employer
• Disqualification from certain driving assignments
• Additional reviews or penalties by the Department of Licensing

If you rely on your license for work, you should consult a skilled traffic attorney who can help protect your livelihood.

Once you receive a negligent driving citation, you have a few options:

• You can pay the fine, which is also admitting guilt.
• You can request a mitigation hearing to explain the circumstances and ask for reduced penalties.
• You can contest the charge in court.

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 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.

There 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 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 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.