Bonney Lake Negligent Driving

Washington state’s driving laws are designed to keep all road users safe, including drivers, passengers, pedestrians, and cyclers. That’s why, if you’ve been pulled over for driving carelessly on the roads and highways of Pierce County, law enforcement may charge you with negligent driving.

Most people are familiar with traffic violations like Driving Under the Influence (DUI), and some may have even heard of Reckless Driving, but for many visitors and locals to Pierce County, the first time they find out that Negligent Driving charges exist is after they’ve been pulled over and arrested.

This website has been designed by our experienced Bonney Lake criminal defense attorneys to provide some general knowledge about Negligent Driving charges in Pierce County. However, this information is not meant to be a substitute for legal advice. For a free case evaluation, please contact our firm directly. During your consultation, one of our legal professionals would be happy to answer any questions you may have about Negligent Driving laws in Bonney Lake, including

• Do I need an attorney to fight a negligent driving charge in Bonney Lake?
• What is the difference between a 1st degree and 2nd-degree Negligent Driving Charge in Washington State?
• Will I go to jail if convicted of Negligent Driving in Pierce County?
• What are some possible defense strategies for fighting Negligent Driving Charges in Bonney Lake?

The facts of every case are different. If you or a loved one has been arrested or charged with negligent driving, contact our experienced Bonney Lake criminal law attorneys. A qualified lawyer can answer any questions you may have, explain how the law applies to the facts of your case, and help you decide on how best to handle your situation.

There are two types of negligent driving charges in Washington state; negligent driving in the first degree, also known as Neg 1, or Negligent Driving 1, and Negligent driving in the second degree, also known as Neg 2 or Negligent Driving 2.

State law RCW 46.61.5249 defines Negligent driving in the first degree as someone who
“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 marijuana or any drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.”

Unlike reckless driving, which is predicated by the driver’s state of mind during the inciting incident, a law enforcement officer will use the driver’s physical appearance as the determining factor for a negligent driving charge. Slurred speech, glazed eyes, and shaky hands are all signs that a person may be intoxicated, however, it should be pointed out that these attributes also characterize a person who is exhausted or ill.

It’s also important to note that you may be convicted of Negligent Driving 1 having consumed any amount of alcohol or drugs; it is not dependent on quantity or breath or blood test results.

The other negligent driving charge, Neg 2, is defined by state statute RCW 46.61.525 as someone who
“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.”

Note the difference between Neg 1 and Neg 2 is the removal of the qualifier of the driver exhibiting the effects of intoxication. This means that a Neg 2 charge is considered a lesser charge than a Neg 1, and carries less severe punishments, as outlined in one of the sections below.

For more in-depth information regarding Neg 1 and Neg 2 charges, contact our Bonney Lake criminal defense attorneys for a no-cost case consultation.

Understanding what acts constitute negligent or careless driving is an important first step in comprehending these charges and defending yourself when a negligent driving charge has been made.

Listed below are some of the actions cited by law enforcement officers in Pierce County that caused them to charge a driver with negligent driving.

• Failing to maintain a safe distance between cars
• Disobeying traffic signs
• Swerving or weaving through traffic
• Failure to use turn signals
• Failure to use headlights during inclement weather
• Failure to check when reversing
• Exhibiting the effects of having consumed liquor, marijuana, or any drug

Negligent driving or careless operation of a motor vehicle can mean a lot of things. As seen in the above section, Washington state has crafted a very broad definition for negligent driving so that the charge is left to the interpretation of the arresting officer.

Negligent Driving 1 is considered a gross misdemeanor, with penalties that can include

• Fines up to $1000
• Up to 90 days in Jail
• Requirement of alcohol/drug treatment course
• Probation up to two years
• Increased insurance premiums

Additionally, if you have been convicted of a drug or alcohol-related traffic offense in the last seven years and then get convicted for negligent driving, state law requires the additional punishment of an ignition interlock device installed in your vehicle.

If you have been charged with Negligent Driving 1 in University Place, you may have to appear in court. Currently, all misdemeanor charges received in Bonney Lake may be adjudicated at either the Pierce County District Court in Tacoma or the Bonney Lake Municipal Court. Which court your case will be tried in is determined by the location where you received your negligent driving charge. An experienced Pierce County criminal defense attorney can help you figure out where you will need to appear in court.

Negligent Driving 2 is a non-criminal traffic infraction. As with any infraction, the only punishment is a fine, however, the true cost of a traffic ticket can be far more than the amount of the fine. Negligent driving can and probably will increase the cost of your car insurance. Some people have reported as much as a 50% increase in insurance costs because of a negligent driving charge.

This website is not intended to scare you or to make you think that a Negligent Driving conviction is the end of the world. It is not. But, with over 50 combined years of experience handling criminal traffic violations in Washington state, our Bonney Lake defense attorneys have met many people over the years who were falsely lulled into pleading guilty to Negligent Driving. These folks thought that because the fine for Negligent Driving was relatively low and the court did not suspend their license, they were all set. What they didn’t realize is that a guilty conviction for even a minor infraction can have long-lasting consequences down the road.

That’s why we implore all prospective clients who have been charged with Negligent Driving in Pierce County to contact an experienced and knowledgeable Bonney Lake criminal defense attorney. During your free case consultation, our team of legal professionals can help you understand any unforeseen traps that may await you, and begin building the best defensive strategy for your case.