Top Negligent Driving Defense Attorneys in Bellingham, Washington

Bellingham has some of the best scenic drives in the country, including Chuckanut Drive to the snow-capped peaks of Mount Baker. As residents, we must keep these highways safe so people can enjoy them. That is why Whatcom County law enforcement takes negligent driving so seriously.

If authorities have arrested you for negligent driving in Whatcom County, you will face steep penalties. However, our Bellingham criminal defense attorneys can help.

As residents of Bellingham, we know the ins and outs of the Whatcom County Criminal Court system, have long-standing relationships, and know what defenses work the best. We can help you protect your rights and future by exploring your legal options and helping you make a plan.

If you face charges of negligent driving, call us now for a free consultation.

Negligent driving in Washington is classified into two degrees, as defined by the Revised Code of Washington (RCW):

1. Negligent Driving In The First Degree: Operating your vehicle negligently while endangering or likely to endanger people or property and showing signs of alcohol or drug consumption constitutes this misdemeanor. Negligence refers to failing to exercise ordinary care, and the level of drug or alcohol use does not need to meet the threshold for driving under the influence (DUI) offense.
2. Negligent Driving In The Second Degree: Authorities consider this a lesser charge, classified as a traffic infraction. Negligent driving in the second degree involves operating a vehicle negligently and endangering or is likely to endanger any person or property but without the aggravating factor of alcohol or drug use. It addresses driving that falls below the standard of care any reasonable person exercises under similar circumstances.

A Bellingham attorney specializing in negligent driving can help you determine if authorities have accused you of the appropriate degree for your circumstances and if the charge is applicable.

The penalties for first-degree negligent driving in Whatcom County, as outlined under RCW 46.61.5249, are as follows:

• Fine: The statute allows for a maximum fine of $1,000.
• Imprisonment: There is also a possibility of county jail imprisonment for not more than 90 days.

While judges have the authority to impose both fines and imprisonment, these are the maximum statutory penalties. The actual sentence you receive can vary depending on the specifics of your case, your driving history, and the judge's discretion within Whatcom County's judicial framework.

In many cases, lesser penalties may be applied, especially for first-time offenders or if mitigating factors are present. It's also worth noting that additional administrative penalties from the Washington State Department of Licensing, such as driver's license suspension, may apply in cases involving drugs or alcohol.

The penalties for negligent driving in the Second Degree under RCW 46.61.525 are primarily financial:

• Fine: A standard fine for this infraction is $250. However, additional fees and assessments can increase the total amount the driver must pay.

Since this is an infraction, it does not carry the possibility of imprisonment, unlike negligent driving in the first degree. The primary consequence is the financial penalty, which could potentially impact driver insurance rates.

If authorities have accused you of negligent driving in Whatcom County, here are the steps to address the situation effectively:

1. Stay Calm And Compliant: Remain calm and cooperative with law enforcement officers during the stop or incident. Do not argue or resist arrest, as this can make things worse.
2. Understand The Charges: Carefully read the citation or charging documents you receive. Note the specific charges and any court dates.
3. Contact An Attorney: Contact a qualified Bellingham criminal defense attorney experienced in traffic offenses in Whatcom County.
4. Prepare For The Legal Process: Gather all relevant information and documents related to the incident, like the police report, witness statements, and any correspondence from the court. Share all this information with your Bellingham attorney to help them build a strong defense.
5. Attend All Court Hearings: Mark your calendar with all court dates and ensure you attend each. Dress appropriately and arrive on time for court hearings.
6. Follow Legal Advice: Follow your Bellingham attorney's advice and instructions. You must provide additional documentation, attend further meetings, or prepare for trial if necessary.
7. Consider Plea Options: Your attorney will explore the possibility of negotiating a plea deal. Understand the implications of pleading guilty, not guilty, or no contest and the potential penalties for each option.
8. Complete Required Programs Or Penalties: If convicted or as part of a plea deal, you may be required to pay fines, attend traffic school, or complete community service. Ensure you fulfill all court-ordered requirements within the specified time frame.
9. Monitor Your Driving Record: Check your driving record periodically to ensure it accurately reflects the resolution of your case. Be aware that a negligent driving conviction may impact your insurance rates.

Following these steps, you can manage a negligent driving charge and work with your Bellingham attorney toward the best possible outcome.

Hiring an attorney for a negligent driving case in Whatcom County is essential for several reasons. Firstly, an attorney with expertise in traffic law understands the intricacies of the legal system and the specific laws regarding negligent driving in Washington.

For instance, our Bellingham attorneys will navigate the complexities of your case, ensuring that all legal procedures are properly followed and identifying any procedural errors that could benefit your defense.

Moreover, an attorney will protect your rights throughout the legal process. They will scrutinize whether the police conducted the stop legally and examine if they violated your rights during the investigation or arrest. This protection is crucial in preventing unlawful evidence from being used against you.

Yes, an attorney can challenge your negligent driving charge in Whatcom County. Here's how they might do it:

1. Examine All The Evidence: Your attorney will review all evidence the prosecution presents, including police reports, eyewitness testimony, and any photographic or video evidence. They will look for inconsistencies or errors in the evidence that may weaken the prosecution's case.
2. Question The Validity Of The Traffic Stop: Your Bellingham attorney may challenge the legality of the traffic stop. If an officer did not conduct the stop legally, any evidence obtained due to the stop may be inadmissible in court. For example, if they stopped you without reasonable suspicion or probable cause, authorities couldn't use evidence against you.
3. Dispute Officer Observations: Your attorney may cross-examine the police officer who issued the citation to challenge their observations and the accuracy of their statements. Disputing officer observations can include questioning the officer's training and experience and whether they followed proper procedures.
4. Present Alternative Explanations: They can present alternative explanations for your driving behavior. For instance, if your driving was affected by a sudden medical emergency or an external factor like another driver's actions, it can serve as a defense.
5. Challenge Field Sobriety Tests (FST): If the charge involves alleged impairment by alcohol or drugs, your attorney in Bellingham can challenge the administration and results of FST or breathalyzer tests. They may argue that improper administration of tests or external factors affected the results.
6. Negotiate Plea Deals: In some cases, your attorney specializing in negotiation might negotiate a plea deal with the prosecution in hopes of reducing your charge to a lesser offense, which can result in lower penalties or fewer long-term consequences.

By employing these strategies, your Bellingham defense attorney will work to either have the charges dismissed or reduce the penalties you face.

Are you facing a negligent driving charge in Bellingham? We know dealing with one can be overwhelming and stressful. That's why we offer personalized attention and dedicated support throughout the legal process. When you contact us, we will work tirelessly to evaluate your case, develop a strong defense strategy, and advocate for you in court.

Our Bellingham negligent driving attorneys have extensive knowledge of local laws and established relationships within the Whatcom County courts, including with prosecutors and judges. This local expertise and our connections can be advantageous in negotiating reduced sentencing and favorable outcomes, especially for individuals who have made a mistake. Our proven track record of success in negligent driving cases is a testament to our ability to provide you with the skilled representation you need.

Don't navigate this challenging time alone. Reach out to us today and take the first step toward securing your future with the dedicated defense you deserve. Call us for a free consultation.