Negligent Driving 1st Degree
The main difference between a Negligent Driving 1st Degree and a Negligent Driving 2nd Degree is that a Negligent Driving 1st degree is a criminal misdemeanor charge.
According to the RCW 46.61.5249: A person is guilty of negligent driving in the first degree if 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, 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.
It is important to understand that a negligent driving in the 1st degree has a maximum penalty of 90 days in jail and a maximum $1000 penalty if convicted. A conviction of Negligent Driving 1st degree does not have a negative impact on the driver’s license and there is not an SR-22 filing requirement. However, if there are prior offenses that include a conviction of DUI an ignition interlock device may be required to be installed in your vehicle and an ignition interlock license may be required by the Washington State Department of Licensing which will include an SR-22 filing.
Negligent Driving 2nd Degree
Negligent Driving 2nd degree is a traffic infraction and not a criminal charge. The infraction is subject to a penalty of $550.00.00.
According to RCW 46.61.525: A person is guilty of negligent driving in the second degree if, 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.
If the Negligent Driving 2nd degree is found committed it will be placed on your driving record and could potentially have negative impact on your driving record and your insurance rates.
Give us a Call
If you find yourself in the unfortunate situation of receiving a Negligent Driving 1st degree charge or Negligent Driving 2nd degree infraction, please don’t hesitate to give Rick a call. He is an experienced criminal defense attorney as well as an experienced traffic attorney and has been handling negligent driving cases since 1992.
If you have any questions at any time throughout the process you can always call and ask the office - we are more than happy to help.
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