University Place Reckless Driving

The state of Washington takes traffic offenses very seriously. This is especially true in regards to offenses that put the safety of others at risk, such as reckless driving.

If you or a loved one are facing a reckless driving charge in University Place, you’re sure to have countless questions such as

• What does reckless driving mean?
• Do I need an attorney to help me deal with reckless driving charges in Pierce County?
• Will I have to appear in court if I’ve been charged with reckless driving?
• How do I explain a reckless driving charge to my family and friends?

If you are facing these charges, you may be feeling confused and stressed. In order to relieve that stress, it would be beneficial to hire a defense attorney who can help you collect your emotions, answer your questions, and start focusing on defending yourself.

In order for you to be convicted of reckless driving, the prosecution has to be able to prove that you put other’s safety at risk, were aware of the risk you put others in, and that you intentionally disregarded that risk. If your attorney can raise doubts about any of these elements, it could lead to the dismissal of your charges.

Some of the defense strategies our Pierce County criminal law attorneys have used in cases of reckless driving are

• The defendant was not the driver of the vehicle
• The driving may have been negligent or careless, but was not reckless
• The driver was merely distracted, rather than reckless

Of course, every case is unique. What works for the defense of one reckless driving charge may not work for you. That’s one of the reasons why we offer a free case consultation to every prospective client. Contact us today and we can discuss the details of your reckless driving charge and how we can build a defense for your unique circumstances.

Negligent driving and reckless driving charges are often confused in Pierce County. However, there are some important distinctions. While both charges indicate that a motor vehicle is being operated in an irresponsible fashion, the potential penalties are very different.

In Washington, negligent driving is defined as failing to drive a motor vehicle in a careful and prudent manner while exhibiting the effects of having consumed liquor or marijuana, or any drug. This is just a short definition of a lengthy and verbose law, RCW 46.61.5249. The important part to note is that there is no analysis as to the driver’s state of mind in the law, just that the driver wasn’t careful while driving, possibly because they were intoxicated.

Washington state law’s definition of reckless driving, RCW 46.61.500, is short and compact-

“(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property”

But within those words lies a wealth of ambiguity. The important words to pay attention to in this statute are “willful” and “wanton.” Willful is defined as “acting intentionally and purposely, and not accidentally or inadvertently.” Wanton is defined as “acting intentionally in heedless disregard of the consequences.”

If you still find that a little confusing, don’t worry, you aren’t alone. While most laws seem to describe down to the minute detail any criminal infraction, the reckless driving statute was intentionally generalized to allow law enforcement officers leeway when it comes to charging this crime.

What that boils down to, is that it’s at the law enforcement officer’s discretion to decide whether or not your actions while driving are purposefully endangering the lives of others.

Some common traffic infractions that have been charged as reckless driving in Pierce County include

• Speeding
• Failure to yield right of way
• Failure to obey traffic signs or traffic lights
• Making improper turns
• Improper passing
• Following too closely to another vehicle
• Improper or erratic lane changes
• Illegal driving on the shoulder
• Street racing
• Failing to signal

A perfect example of the ambiguity of the wording of the reckless driving law is speeding. In Pierce County, speeding is generally a traffic citation. If you were driving 50 MPH in a 30 MPH zone, and an officer of the law pulls you over, they will generally issue you a ticket, which orders you to pay a fine that is based on how fast you were going. You are then free to go about your day and pay your ticket via mail or online.

However, if a Pierce County law enforcement officer feels you were going 50 MPH in a 30 MPH zone with intentional disregard for the safety of the other drivers and pedestrians around you, the officer will pull you over and arrest you for reckless driving.

In part, because the officer’s judgment is a greater factor than with other traffic violations, our University Place criminal defense lawyers often succeed in negotiating reduced consequences or a plea to a lesser charge in cases of reckless driving. That’s why it’s so important to hire an experienced Pierce County defense attorney to help you fight these charges. Our firm has over 50 combined years of experience with Washington state criminal law, arguing cases just like yours.

Reckless driving is charged as a gross misdemeanor. Punishable by up to 364 days in jail and/or a fine up to $5,000, this is not just a simple traffic infraction as it is in some other states. Any accusation of reckless driving will land you in handcuffs and under arrest in Pierce County.

Other consequences of a reckless driving conviction include a mandatory 30-day license suspension. To get your license reinstated after suspension, the Department of Licensing (DOL) requires all drivers involved in a moving violation have proof of compliance with the SR-22 laws for a period of up to three years.

What are SR-22 laws? You may have heard of SR-22 as a form of insurance, but that’s not entirely accurate. It is actually a certificate filed with the DOL that states that a driver has the appropriate liability insurance coverage by an insurer licensed to do business within the state of Washington. This certificate exponentially increases your insurance premiums, and any lapse in coverage results in the period of protection starting all over again.

Your driving record is extremely valuable, even though most people don’t realize it. The premium you pay for your car insurance is based on multiple variables. By far the most important variable is your driving record. Any conviction, even for minor infractions, can show up on your driving record. With consequences like these on the line, you need an experienced University Place criminal defense attorney on your side to fight these charges.

You may be thinking that you don’t need to hire a criminal defense attorney to help you with your reckless driving charges. But criminal charges have serious repercussions, and you need to have experienced legal help to guide you through the process.

Judges can set fines of thousands of dollars, not to mention potential jail time, probation, or court costs you might face. Standing in court alone can be intimidating, so why put all of that pressure on yourself? The law officer who arrested you has the weight of the government behind their backs, including the prosecuting attorney. Why shouldn’t you have somebody to fight for you?

Contact our University Place criminal defense attorneys today. We offer a free case consultation to every prospective client.