Negligent Driving in Kent

When Kent's law enforcement charges you with negligent driving, it can be confusing. That's because negligent driving is a controversial charge in Washington state. What constitutes negligence can vary wildly based on the circumstances. The law leaves a lot of room for interpretation, meaning charges are more frequent than they are true.

However, this legal grey area that led to your charges is exactly what we use to defend you. We can use these interpretations to your advantage. The process involves thoroughly examining the details of the case and challenging the evidence and the charges themselves. Contact our Kent legal defense team now for a free case review to learn how we can help you.

Negligent driving in Washington state occurs when someone operates a motor vehicle in a way that demonstrates negligence, endangering people or property. The law requires proof that the driver failed to exercise ordinary care, meaning they acted in a way a reasonable person would not under similar circumstances. There are two degrees of negligent driving:

• First Degree: Involves driving negligently while under the influence of alcohol, drugs, or any substance that impairs judgment or physical control
• Second Degree: Does not involve impairment but includes any negligent operation of a vehicle that creates a risk to people or property

In Washington state, you can face negligent driving charges for:

• Texting While Driving: Reading or typing a message on your phone while operating a vehicle can be considered negligent driving if it causes unsafe conditions.
• Speeding In Bad Weather: Driving too fast for conditions, such as during heavy rain or on icy roads, could lead to negligent driving charges if it endangers others.
• Failing To Yield: Ignoring a yield sign or failing to let pedestrians cross at a crosswalk can be seen as negligent driving.
• Running A Red Light: Blowing through a stoplight and narrowly avoiding a collision could lead to charges.
• Aggressive Lane Changes: This involves swerving between lanes without signaling or cutting off other drivers recklessly.
• Distracted Driving: Eating, applying makeup, or any other non-driving activity that impairs your focus can result in negligent driving charges.
• Driving With A Load Obstructing Your View: Carrying an oversized load or items on your dashboard that block your ability to see properly can qualify as negligence.
• Tailgating: This is when you follow another vehicle too closely at high speeds.
• Driving While Fatigued: Nodding off or falling asleep at the wheel or operating a vehicle when overtired can lead to negligent driving charges.
• Failing To Secure A Load: Allowing debris or items to fall from your vehicle onto the roadway is considered negligent and dangerous.

If you are facing negligent driving charges for any of these actions, you may be up against some serious penalties if convicted in King County Courts.

The penalties for negligent driving depend on whether it is charged as First Degree or Second Degree. Here's what you could face:

First-Degree Negligent Driving: Gross misdemeanor

• Up to 364 days in jail
• Fines of up to $5,000
• Possible suspension of your driver's license if related to alcohol or drug use
• Requirement to attend drug or alcohol treatment programs in some cases

Second-Degree Negligent Driving:

• Traffic infraction
• Fines of up to $250 (not including court costs and fees)
• No jail time or criminal record but can add points to your driving license and increase your insurance premiums

Both degrees of negligent driving can have long-term consequences. Our knowledgeable Kent defense attorneys can help minimize these penalties and explore options for dismissed or reduced charges.

For prosecutors to prove negligent driving in Washington, they must demonstrate that the defendant operated a motor vehicle in a way that failed to exercise ordinary care and created a risk to people or property. Here's what they typically present to the King County judges as evidence:

• Evidence of Negligence: Behaviors such as speeding, distracted driving, or failing to obey traffic laws
• Witness Testimony: Statements from other drivers, pedestrians, or passengers about your driving behavior
• Police Observations: Reports detailing unsafe or erratic driving
• Physical Evidence: Damage to vehicles, skid marks, or debris indicating reckless actions
• Video Or Surveillance Footage: Traffic cameras or dash cams capture the alleged negligent driving

For a conviction, the prosecution must prove these elements beyond a reasonable doubt.

Our experienced King County defense attorneys are skilled at identifying weaknesses in the prosecution's case. We build strong strategies to defend against negligent driving charges. Here are some that we will consider for your case:

• No Evidence of Negligence: Challenging the claim that your driving failed to meet the standard of ordinary care
• Unreliable Witness Testimony: Questioning the accuracy or credibility of witness accounts used by the prosecution
• Lack of Proof of Danger: Arguing that your driving did not pose a legitimate risk to people or property
• Procedural Errors: Highlighting mistakes made by law enforcement, such as improper stops or failure to follow correct procedures
• No Connection To Impairment (First Degree): Demonstrating that you were not under the influence of alcohol or drugs if charged with first-degree negligent driving
• Emergency Situations: Arguing that your actions were necessary to avoid greater harm or danger
• Mechanical Failures: Proving that issues like brake failure or other vehicle malfunctions caused the incident, not negligence
• Lack of Evidence: Challenging the sufficiency of evidence, including video footage, physical evidence, or police reports

Our defense attorneys specializing in negligent driving know how to scrutinize the prosecution's case. We'll suppress weak or inadmissible evidence and advocate for reduced charges or dismissals. Our deep understanding of King County's legal system gives us the tools to outmaneuver the prosecution and protect your rights.

Our team provides skilled representation for clients in Kent. You'll see us around town at places like Kent Station, enjoying local events, or grabbing a coffee at The Green Bean Coffeehouse. We also love spending time at Lake Meridian Park and exploring ShoWare Center. We know Kent, its people, and its courts. With our local experience, we also know that every negligent driving charge can be challenged in King County Courts using the right strategies.

Call our law offices now for a free consultation, and let us help you fight these charges.

You could be charged with negligent driving in the State of Washington if you endanger other people or their property while operating a motor vehicle. There are two degrees of negligent driving, each with repercussions that could have a dramatic effect on your life.

The Kent negligent driving lawyers at the Law Office of Jason S. Newcombe are ready to help you get a better grasp on the legalities of this offense:

• First Degree Negligent Driving is a criminal offense in Washington, charged to persons who operate a motor vehicle in a negligent manner and exhibit the effects of consuming alcohol or illegal drugs. You can still be charged with this crime even if you are not legally intoxicated or impaired. This means that it must be proven that your behavior or physical makeup showed that you consumed alcohol or drugs. It's also necessary to prove that you were in possession of alcohol or drugs, and recently consumed either.
• Second Degree Negligent Driving is a serious civil infraction, which could your auto insurance rates could skyrocket if not properly addressed. You may also face a fine, but there are no jail sentences for infractions.

If you're facing any negligent driving charge, contact our Kent law office for a consultation. Our Kent negligent driving attorneys will do whatever the law allows to keep your driving record clean, which is important if you already have points against your driving record.

Negligent driving may be charged to persons accused of speeding, falling asleep at the wheel, or not paying attention to the road as they drive. It should be noted that reckless driving is considered a more severe crime because the driver shows a wonton disregard for person and property.

If you feel like you were charged with this crime unfairly, or simply want to mitigate the damage in some way, one of our attorneys can help.

Kent motorists are sometimes charged with negligent driving at the sole discretion of a police officer. In these situations, we may pursue the dismissal of your case, if the evidence warrants such an action. For more than 30 years, our team of Kent negligent driving lawyers have defended drivers charged with negligent driving offenses, and we are ready to put our experience to work for you.

Talk one of our professional Kent litigators before making any decisions regarding how to proceed with your case. Arm yourself with reliable legal information, and then let one of our Kent negligent driving attorneys make sure your legal rights are protected.

If you retain one of our professional attorneys, they will offer you their honest opinion when answering your legally-based questions.