Negligent driving is operating a vehicle in a manner that demonstrates a disregard for the safety of others sharing the roadways. Unlike reckless driving, which involves the intentional disregard for safety, negligent driving occurs when the driver fails to exercise reasonable care or awareness while operating their vehicle.
Common examples of negligent driving include tailgating, failing to signal when changing lanes, or not yielding the right of way. It is essentially the failure to act as a reasonable driver, even when the behavior wasn’t intentionally harmful.
Everett’s roadways are often busy, making them more prone to accidents. Convictions for negligent driving in Everett, Washington, can carry serious legal consequences, including fines and even the suspension of your driver’s license.
These charges can lead to increased insurance premiums and a mark on your driving record. In more severe cases, a driver guilty of negligent driving may also have to go through mandatory defensive driving courses or even see jail time. Given all of these risks, you must have legal representation on your side to help you mitigate the negative effects of a negligent driving charge.
A criminal defense attorney understands how to challenge evidence, negotiate with prosecutors, and explore alternatives to a conviction, like reduced charges or even plea bargains. A skilled attorney can also identify possible defense strategies like mechanical failure or a medical condition that could have contributed to your actions as the driver. This all helps ensure your rights are protected and you don’t unknowingly accept penalties that could have been avoided.
Washington State Laws Regarding Negligent Driving in EverettIf you are facing negligent driving charges in Everett, you will quickly discover how important it is to get to know these laws and statutes.
Negligent Driving in the Second Degree (RCW 46.61.5249)Under the Revised Code of Washington (RCW), specifically RCW 46.61.5249, negligent driving in the second degree is a misdemeanor charge. It often arises from distractions like using a phone, improper lane changes, or excessive speeding without any regard for the road conditions.
The law states that this behavior is negligent and focuses on the overall level of care that is exercised rather than intentional or reckless acts.
Driving Under the Influence (RCW 46.61.5055)If your negligence is linked to impairment, RCW 46.61.5055 governs DUI offenses in Washington. This statute makes it illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or under the influence of drugs.
DUI charges are separate offenses apart from negligent driving but sometimes overlap if you were driving in a manner that endangered others due to impaired judgment or coordination. Negligent driving and DUI charges can be combined if law enforcement determines that your impairment led to unsafe road conditions.
Careless Driving (RCW 46.61.527)Under this statute, careless driving is closely related to negligent driving. Careless driving occurs when you operate a vehicle in a manner that doesn’t display the necessary attention or care required for safe driving. Some examples of this include drifting between the lanes without signaling, running red lights, or not adjusting your speed to road conditions like in a roadway construction zone.
While careless driving is often considered a precursor to more severe charges like negligent driving or reckless driving, it all comes down to the specifics of the case.
Vehicular Assault (RCW 46.61.522)Vehicular assault, a felony charge related to negligent driving, is when you cause substantial bodily harm to another person when driving. This statute typically comes into play when negligent driving escalates to the point of causing harm because of excessive speeding, failure to yield, or other actions that put people at risk. While negligent driving is usually a misdemeanor, vehicular assault is a good example of a shift in the severity of the charges.
Obedience to Traffic Laws (RCW 46.61.050)This statute outlines the basic requirement that all drivers must obey traffic laws and signs. Failing to comply with these laws—disregarding posted speed limits, traffic signals, or stop signs—can result in negligent driving charges and lead to fines and license suspension.
Negligent driving laws in Everett and across the rest of Washington are designed carefully to maintain road safety for everyone and hold drivers accountable for their careless or reckless behavior.
Navigating the Busy Roadways of Everett, WashingtonEven if you haven’t lived in Everett for long, you are probably well aware by now that it is a busy city known for its downtown area and proximity to major transportation hubs. The city’s roadways are a mix of urban streets, residential neighborhoods, and arterial routes that connect the region’s highways, like Interstate 5 and State Route 2.
Due to its location, Everett sees its fair share of traffic, especially during peak hours. The city’s roads are often filled with commuters, delivery trucks, and other local drivers, which increases the chances of accidents and traffic violations and makes negligent driving offenses so much more common. In this kind of fast-paced environment, understanding the ins and outs of local driving laws and the potential consequences of negligent driving can help ensure you avoid serious legal and personal ramifications.
The Immense Value of a Criminal Defense Attorney for Negligent Driving ChargesA skilled criminal defense attorney can significantly reduce the consequences of a negligent driving charge by challenging evidence, negotiating with prosecutors, and exploring options like reduced charges or alternative sentencing.
Their expertise ensures that your rights are protected and can help avoid long-term impacts on your driving record and personal life. Without experienced legal representation, you may face harsher penalties than necessary, making a qualified attorney essential for a favorable outcome.
We believe that negligent driving charges can often be successfully challenged with the right approach. Our attorneys have years of experience defending clients against traffic violations throughout Washington.
If you or a loved one are facing a negligent driving charge, it may be time to consult a skilled traffic attorney who understands how to protect your rights.
A knowledgeable criminal defense lawyer can explore various avenues to minimize the impact of your case, from challenging evidence to negotiating for reduced penalties.
Our Everett-based defense attorneys are dedicated, aggressive advocates who will work tirelessly to help you avoid harsh consequences, such as fines or license suspension.
If you are being accused of negligent driving, it is important to know what specific type you are actually facing. There are three different types of negligent driving. While all are serious, obviously some are more serious than other. Some are criminal while others are infractions. Some come with a maximum penalty of a $1,000 and others come with a maximum penalty of $5,000. Some come with the possibility of a 90 day license suspension while others don’t have a license suspension. If you are unsure about what you are currently facing, do not hesitate to give our office a call to discuss your pending charges.
The only type of negligent driving that is a criminal charge is negligent driving 1° (also called a Neg 1.) Negligent driving 1° is a misdemeanor, which means the maximum penalty is 90 days in jail and a $1,000 fine. A conviction does not come with a license suspension though. The elements of this crime is driving in a negligent manner and endangers or is likely to endanger persons or property after consuming alcohol or an illegal drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.
The least serious type of negligent driving is Negligent driving 2°, which is an infraction. It is a very serious infraction (much worse than a speeding ticket). Because this is an infraction, jail is not a possible punishment. The only penalty you will face is a $550 fine. The elements of this infraction are similar to that of a Neg 1 except alcohol or drugs were not involved.
The last type of negligent driving is Negligent Driving 2° with a vulnerable victim, which is also an infraction. In some respects, this type of negligent driving is actually more serious than the criminal Neg 1. Negligent Driving 2° with a vulnerable victim comes with a potential $5,000 fine and a 90 day license suspension. The difference between the two types of Negligent Driving 2°s is that the negligence resulted in serious injury or death to a vulnerable user. “Vulnerable” users include pedestrians, bicyclists, and motorcyclists. If you are or could be facing this type of negligent driving, it is especially important you contact an attorney as soon as possible. Certain types of outcomes which may be more beneficial are time sensitive, so it is important you have an attorney making sure you do not miss those opportunities.